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!¥^V 



EQUITABLE JURISDICTION. 



ORDERS AND RULES 



FOR RB01ILATIN0 THE 



PRACTICE OF THE CO¥NTT COUETS, 



1865. 




LONDON: 
PRINTED BY GEORGE E. EYRE AND WIIilAM SPOTTISWOODB, 



[ftiee !».] 



FOB HEB MAJESTY'S BTATIONBBT OFEICB. 



Cw .U.K VM 
% 585 




6 



Rule 3. 
Inspection of 
documents in 
possession or 
control of an 
opposite party. 
See C. C. Rules 
63, 76. and 
16 & 16 Vict. 
c. 86. s. 18. 



Rule 4. 
Summons to 
witness. 



Rule 5. 
Compulsory 
production of 
documents by 
parties to suit. 
15 & 16 Vict 
c. 86. 88. 18. & 
20. 



Rule 6. 
Documents 
unobjected to 
received with- 
out formal 
proof. 



Rule 7. 
Affidavit 



admission^ any expense of proving the same at the hearing shall be 
paid by him^ whatever be the result of the cause^ unless the 
Court shall otherwise order ; and no costs of proving any docu- 
ment shall be allowed unless such notice be given, except in 
cases where, in the opinion of the Kegistrar, the omission to give 
such notice has been a saving of expense. 

Where a party desires to inspect any document in the possession 
or under the control of any other party, he may, five days before 
the hearing, give notice to such other party that he or his attorney 
desires to inspect the same at any place to be appointed by such 
other party; and if such other party shall not appoint a con- 
venient place, or allow the party giving such notice, or his 
attorney, to inspect such document within three days after re- 
ceiving such notice, the Judge may adjourn the hearing, and 
make such order as to costs as he shall think fit. 

Where a party requires the attendance of any other party, or 
of any witness, either to give evidence or to produce documents, 
he shall apply to the Registrar to issue a summons requiring such 
other party or witness to attend the Court or the Registrar, as the 
case may be, or to attend and produce documents ; and such sum- 
monses shall respectively be drawn up by the Registrar, and be 
issued by him to the Bailiff, who shall serve the same ; and in 
every sununons to produce documents the Registrar shall insert a 
description of the documents required. 

Where a party served with a summons under the last rule 
shall not at the hearing produce the documents required, the Court 
may, upon admission or proof of the service of such summons 
within a reasonable time, and that such documents are in the 
possession of the party so served, and that they relate to the 
matter then pending before the Court, make an order for their 
production by him, and the Court may deal with them, when so 
produced, and with jeJI costs occasioned by their non-production, 
as may appear just : Provided that nothing herein shall prevent 
the Court from receiving secondary evidence of any document 
of which notice to produce has been given. 

Where any documents are produced to the Court from proper 
custody, they shall be read without further proof, if they appear 
genuine, and if no objection be taken thereto ; and if the admis- 
sion of any document so produced be objected to, the Judge may 
adjourn the hearing and the party objecting shall pay the costs 
caused by such« objection, in case the same shall afterwards be 
proved, unless the Judge shall otherwise order. 

Where a party desires to use at the hearing an affidavit by any 
particular witness, or an affidavit as to particular facts, he may, 
ten days before the hearing, give a notice, with a copy of such 
affidavit annexed, to the party against whom such affidavit is to be 
used ; and unless such last-mentioned party shall within five days 
give notice to the other party that he objects to the use of such 
affidavit, he shall be taken to have consented to the use thereof. 



Where it shall be necessary to examine a witness de bene ease^ ^^^ ?• 
application upon affidavit shall be made to the J udge to appoint an de bene es^ 
examiner for that purpose. 

Upon the application of a party desirous to examine a witness gpeciSf^ewi- 
residing out of the jurisdiction of the Courts the Judge may, if he miner. 
thinks fits appoint the Registrar of the Court within the district of 
which such witness resides to take the examination of such witness. 

Where any witness is examined by a Registrar he shall be ex- How examina- 
amined on oath^ and the Registrar shall transcribe the answers of tion conducted, 
such witness^ and the deposition shall be subscribed by the witness 
and the Registrar who shall have so examined him^ and shall then 
be transmitted by post to the Registrar of the Court in which the 
suit or proceeding is pending. 

The allowance to be made to witnesses for attendance either ^J^^^cg^^j 
before the Court or Registrar shall in no case exceed the highest witnesses. 
rate of the allowances mentioned in the scale in the Schedule. 



ORDER IV. 

Suits. 

Hearinff, 

Upon the day on which the summons is returnable all parties Bulb i. 
shall come to the Court prepared, so far as the nature of the case ^^ p^^Jed! 
will admit, with evidence to enable the Judge to try the whole 
matter of the suit upon the merits, and then to determine the 
same by a final decree or to make such decretal order, or give 
such directions for adding parties to the suit, for making inquiries, 
taking accounts, realizing assets, or doing any act which the 
Judge may consider necessary to enable him to make a final 
decree upon a day to which the hearing may be adjourned. 

A suit in equity shall be heard in open Court as plaints in the ^P^^ 2- 
County Court are now tried. eanng. 

Affidavits and depositions used at the hearing shall be read as .^^^^ ^' 
the evidence of the person by whom they are used. ^^' 

Upon the hearing the Court may dismiss the suit, or grant 'R^^ 4. 
the relief asked by the plaint, or any part thereof, or may grant CTeSurderr 
any other relief consistent with the case made by the plaint, or 
make any order giving directions for, or with respect to, the 
prosecution of the suit, as the circumstances of the case may 
require, and also make such order as to costs as the Court may 
think fit. 

Where the Court shall order any question of fact, or any ques- Rule 5. 
tion as to the amount of damages, to be tried by a jury, the Court •'^"^• 
shall adjourn the hearing, and appoint a day for the trial of such 28 & 29 Vict, 
question by a jury ; and thereupon the practice shall be in all re- ^' ^^' *' ^* 



8 



BULE 6. 

Record for 
trial 



spects the same as that under the County Court Acts and Rules 
now in force, in cases where either party has required a jury, in- 
cluding the power to direct a new trial when necessary. 

Where the Court shall order any question of fact, or any 
question as to the amount of damages, to be tried by a jury, the 
Judge shall reduce the question into writing, and the same shall 
be called the " Record for Trial'' 



ORDER V. 

Suits. 

Decretal Orders, 



BULE 1. 

Begistrar to 
draw order. 



BULE 2. 

Preparation of 
a deed. 



Rule 3. 
Beceiver. 



Where the Court makes any decretal order the Registrar 
shall, as soon thereafter as conveniently may be, draw up, seal, 
and file such order. 

Where a decretal order directs any deed to be prepared and 
executed, it shall state by what party the said deed shall be pre- 
pared, and to whom it shall be submitted for approval. 

Where upon the hearing it appears to the Court expedient that 
a Receiver be appointed, such appointment shall be made by the 
decretal order, whether the same be asked as part of the relief in 
the plaint or not. 

Where real property is ordered to be sold, the decretal 
order shall direct who shall have the conduct of the sale, and 
by whom the conditions and contracts of sale, and the abstract 
of title, shall be prepared. And where any conditions or con- 
tracts are ordered to be settled by a conveyancing Counsel it shall 
name the Counsel to whom they are to be submitted. 

Rule 5. Where a decretal order directs any personal property to be 

??l«?£?f"^^^ sold, the same shall be sold, under the superintendence of the 

High Bailiff, by public auction, unless the Court shall otherwise 
order. 



Bule 4. 
Sale of real 
property. 



property. 



Bule 6. 
Accounts or 
inquiries. 



Bule 1. 
Deed how^ 
Settled. 



Where any decretal order directs any accounts or inquiries 
to be taken or made, or any Acts to be done, by the Regis- 
trar, High Bailiff, Receiver, or parties, it shall name a day 
within which all such acts shall be done, and accounts and 
inquiries completed, and shall also name a day, not less than four- 
teen days after that day, on which the Registrar shall certify the 
result of the accounts and inquiries, and what has been done 
under such decretal order, and on which the cause will be further 
heard, and if practicable a final decree made. 

ORDER VI. 

Execution op Decbetal Obdebs. 

Where a deed is ordered to be prepared, and the parties cannot 
agree upon the form thereof, the Judge may, upon the application 
of either party^ settle the same himself, or name a conveyancing 



I 



counsel by whom the same shall be settled, subject to the final 
approval of the Judge. 

Where a decretal order directs that any account be taken or Rule 2. 
inquiry made^ such account shall be taken and inquiry made by ^ *"^^ o^ 
the Registrar^ and he shall for that purpose have all the powers Registrar to be 
and discharge all the duties of a Chief Clerk of the Master chief clerk. 
of the Rolls or a Vice Chancellor in the Court of Chancery ; ^\^ ^^ ^^*- 
and all parties prosecuting any such accounts or mquiries shall 
have the same power of summoning witnesses^ including as wit- 
nesses any parties in the cause^ and of examining them on such 
accounts or inquiries, and of compelling the production of docu- 
ments^ as they had on the original hearing ; and all rules as to the 
summoning, swearings and examining of witnesses^ and the pro- 
duction of documents at the hearings shall be applicable (as far as 
may be) to such summoning^ swearings examining, and production 
on taking any such accounts, or prosecuting any such enquiries. 

Where a decretal order directs accounts to be taken^ any books j^ taking ac- 
of account in which the accounts required to be taken, or any of counts, account 
them, have been kept, shall, unless the Judge shall otherwise direct, ^^pks to be 
be taken as prima facte evidence of the truth of the matters therein ^^ ofthe ^^" 
contained, with liberty to the parties interested to take such matters therein 
objections thereto as they may be advised. contained. 

Every advertisement for creditors or other persons having any .^^^^^^' 
claim upon or interest in the distribution of any assets to be ad- forli^uws^* 
ministered by the Court, which shall be issued pursuant to any &c. 
decretal order, shall direct every such creditor or other person^ by 
a time, to be thereby limited, to send to the Registrar his name 
and address, and the full particulars of his claim or interest and a 
statement of his account, and the nature of the security (if any) 
held by him^ and at the time of directing such advertisement a 
time shall be fixed for adjudicating on the claims. 

No such creditor or other person need make any affidavit, or rj-eSlL^*' ^' ^ 
attend in support of his claim^ unless he is served with a notice not attend with- 
requiring him to do so, as herein- after provided. out notice. 

Every creditor shall produce or transmit to the Registrar any R^b 6. 
security held by him, at such time as shall be speeded in the fg^^j^"^ 
advertisement for that purpose, being the time appointed for documents to 
adjudicating on the clauns ; and every xjreditor shall, if required, ^ produced 
by notice in writing to be given by the Registrar, produce or ^ ^g^t^r- 
transmit to the Registrar all other deeds and documents necessary 
to substantiate his claim before the Registrar at his office at such 
time as shall be specified in such notice. 

Every person claiming as heir-at-law, devisee, next of kin, or Bums 7. 
legatee shall, if required, by notice in writing to be given by ^^^^^ 
the Registrar, produce or transmit to the Registrar any pedigree produced to 
or proof mentioned in such notice within such time as shall be Registrar, 
therein specified. 

In case any creditor or other person shall neglect or refuse to '^^^ s- 
comply with the two last preceding Rules, he shall not be noTiiowS. 



10 



Rule 9. 
Proof of debts 
or claimB. 



Role 10. 
Notice of 
allowance. 



Rule 11. 
Claims not 
before made. 



allowed any costs of proving his claim unless the Begistrar shall 
otherwise direct. 

At the time appointed for adjudication upon the debts or 
claims, the Begistrar shall take the evidence of the executor^ 
administrator, or other accounting party upon such debts or 
claims, and may thereupon, in his discretion, allow any of such 
debts or claims without further proof, and may direct such inves- 
tigation of all or any of the debts or claims not allowed, and 
require such further particulars, information, or evidence relating 
thereto as he may think fit, and may, if he so think fit, require 
any creditor or other person to attend and prove his claim, or any 
part thereof; and the adjudication on such claims as are not then 
allowed shall be adjourned to a time to be then fixed. 

Notice of allowance shall be given by the Begistrar to every 
creditor or other person whose claim, or any part thereof, has been 
allowed, and notice shall also be given by him to every such 
creditor or other person as he shall think fit, to attend and prove 
his claim or such part thereof as is not allowed, by a time to be 
named in such notice, not being less than seven days after such 
notice, and to attend at a time to be therein named, being the 
time to which the adjudication thereon shall have been adjourned ; 
and in case any such creditor or other person shall not comply 
with such notice, his claim, or such part thereof as aforesaid, shall 
be disallowed. 

Any such creditor or other person who has not before sent 
in the particulars of his claim pursuant to the advertisement, may 
do so two days previous to any day to which the adjudication is 
adjourned. 



Rule 12. If any claim be sent in after the time fixed by the advertise- 

Claims too late, ment (except as before provided in case of an adjournment) the 

Begistrar may, upon special application, entertain the same, upon 
such terms and conditions as to costs and otherwise as he 
thinks fit. 



Rule 13. 
Allowances. 



Rule 14. 
Application 
to Judge for 
further direc- 
tions mero 
motu. 



In taking any account directed by any decretal order, all 
just allowances shall be made without any directions for that 
purpose in such ordeip. 

Where the Begistrar, High Bailiff, Beceiver, or any party 
has by any decretal order been directed to do any act for 
doing which it may be found necessary to have further direc- 
tions or an order of the Court, the Begistrar shall apply to the 
Judge for such direction or order, and upon such application the 
Judge may give such direction or make such order as he may think 
fit, or may appoint a time to hear all parties upon the application 
so made by the Begistrar ; and if the Judge shall make such 
appointment for hearing, the same shall operate as a stay of 
proceedings in the suit until the day so appointed, if he sbsdl so 
direct 



11 



ORDER VIL 

Suits. 

Absent Parties. 

Where any matter is referred to the Registrar by a decretal ^^^^ '• 
order, he shall, as soon as conveniently may be, ascertain if there to par^* 
are any parties who, if the decretal order had been made in a 
suit pending in the Court of Chancery, ought, under the 42nd 
section of the 15 & 16 Vict, c. 86., to be served with a notice 
under Kule 8. of such section. 

Where it shall be necessary* to serve any parties with the notice ^ ^^^^ ^* ■ 
mentioned in the foregoing rule, the same shall be prepared by parties, 
the Registrar, and issued by him to the Bailiff, who shall serve 
the same, and upon such notice the party served therewith may 
attend the proceedings under the decretal order. 

An;^ party who shall be served with a notice under the last ^.^^? '^' 
foregoing rule, may apply to the Court at the next sitting, or by to^aiy^or add 
leave of the Judge at any subsequent sitting, to vary or add to decretal 
to the decretal order. order. 



ORDER VIII. 
Suits. 

Registrar's Certificate, 

Where a Registrar has been ordered to certify to the Court j,^ ?^^*- 
upon any matter he shall present to the Court a certificate in certificate* 
writing signed by him. 

The Registrar shall prepare his certificate seven days before Rule 2. 
the day appointed for presenting the same, and shall give notice ^^g^^'^to 
to all parties to the suit that the same lies in his office for the iie in office, 
inspection of any parties interested therein or affected thereby ; 
and he shall deliver a copy thereof to any person requiring the 
same, upon payment of the costs of such copy. 

Where any party interested in, or affected by, the Registrar's ^ ?Jl^^ ^• 
certifipate desires to have the same varied, he shall apply by Registrar's 
himself, his counsel or attorney, at the Court on the day certificate, 
appointed for presenting the same, and the Judge shall there- 
upon hear and determine such application, and shall confirm or 
vary the certificate, and make such further order thereupon as 
he may think fit. 

If no application shall be made to vary the certificate, it shall ^ ^^^j** 
be taken as confirmed, unless the Judge shall otherwise order. of oertifica^ 



12 



KULE 1. 

JPioal decree. 



ORDER IX. 

r 

Suits. 

Final Decree. 

When the Court has determined all the questions raised 
between the parties the Begistrar shall, as soon thereafter as 
conveniently may be, draw up a final decree in accordance with 
the judgment of the Court, and seal and file the same. 



liULE 1. 

Order under 
15 & 16 Vict, 
c. 86. 8. 52. 



Rule 2. 
Order to be 
served. 



BuLE 3. 
Person senred 
to be bound 
thereby and 
may appeal. 
15 & 16 Vict, 
c. 86. 6. 52. 



ORDEE X. 

Suits. 

Revivor and Supplement 

Upon any suit becoming abated by deaths marriage, or other- 
wise, or defective in consequence of any change or transmission of 
interest or liability, the Judge shall, on application of any person 
having a right so to apply, make an order reviving the said suit, 
or such supplementary decree or order as may have become neces- 
sary in consequence of any such matters as aforesaid. 

An order under the foregoing rule shall be drawn up by the 
Registrar and sealed with the seal of the Court, and issued to 
the Bailiff, who shall serve the same upon such person or persons 
as the Court shall direct. 

After service of such order, the suit shall, as between the party 
by whom the order has been obtained and the party on whom it 
has been served, be in the same plight and condition as it was in 
before it had become abated or defective as aforesaid ; provided that 
the person so served may move the Court at the next sitting, 
or by leave of the Judge at any subsequent sitting, to discharge 
such order, and such motion shall be made upon affidavit of the 
facts relied upon to support the same. 



Rule 1. 
Petition. 



Rule S. 
Petitions by 
tmstees. 



ORDER XI. 

Proceedings under the 5th, 6th, and 8th Clauses of 

THE 1st Section. 

All proceedings under the 5th and 6th clauses of the first 
section of the Act shall be by petition, and such petition need 
not show title except so far as is provided by the Rules in this 
Order. 

Where a trustee petitions under the said 5th clause for an order 
in any matter relating to the trust, he shall file his petition at the 
office of the Registrar, and leave thereat as many copies thereof 
as there are persons beneficially interested in the due execution 
of the trust, and he shall state in such petition his own name. 



13 

address^ and description^ and also the names^ addresses, and descrip- 
tions of the persons beneficially interested, so far as he is able, 
and the nature of the trust, and how created, the property or 
money to which the same relates, and the substance of the order 
which he seeks to obtain. 

Where any guardian or trustee of auy infant petitions for an .'5^^^ 
order relating to the maintenance or advancement of such infant, guardian or 
he shall file his petition at the oflSce of the Registrar, and where trustee of in&nt 
any person, as next friend of an infant, petitions on behalf of ^^ "^^^ friend, 
such infant for an order upon or against the guardian or trustee 
of such infant, he shall file his petition at the office of the Regis- 
trar, and leave thereat as many copies thereof as there are guar- 
dians or trustees. And in such petition shall be stated the 
names, addresses, and descriptions of the petitioner, and of all the 
persons to whom such order is intended to relate, and shall also 
state the nature of the guardianship or trust, and how created, of 
the property to which the trust relates, and the substance of the 
order which the petitioner seeks to obtain. 

Where any person intends to apply under the 8th clause of the . ^^^ ^' f 
first section of the Act, for an order in the nature of an injunction injunction, 
(except as is provided in Order XII. for urgent cases) he shall 
deliver at the ofiice of the Registrar a notice of his intention to 
apply for the same, together with as many copies thereof as there 
are persons upon or against whom such order is intended to be 
obtained, and he shall state in such notice his own name, address, 
and description, and, so far as he can, the names, addresses, and 
descriptions of all such persons, and also the substance of the 
order which the petitioner seeks to obtain. 

Under this Order petitions shall be filed and notices shall be J^^^^J'' 
delivered at the office of the Registrar seven days before the petitions and^ 
sitting of the Court at which the petition is to be heard or ginng notices. 
application made. 

The Registrar, upon receiving any such petition or notice and ?^^^ ^• 
the copies thereof, shall issue the copies under the seal of the igg^^^ces. 
Court to the bailiff for service upon the respective persons to 
whom they are addressed, together with a notice, signed by 
himself and under the seal of the Court, informing them of the 
day and hour on which the petition or application will be heard, 
and that if they do not attend, either in person or by their 
attorneys, such order will be made and proceedings taken as the 
Judge may think just and expedient. 

The Bailiff of the Court shall, four days at least before the ser^^o/' ' 
hearing, serve all copies of such petitions and notices. petitions and 

notices. 

Upon the hearing of any petition or application under this Rulbs. 
Order, unless the Judge shall otherwise direct, the facts relied ^^^^ 
upon in support of or in opposition to such petition or application affidayit. 
shall be proved by affidavit. 



14 



BnLE9. Where the Judge makes an order upon such petitioii or 

^w^'oider. ^PpMcation, the Registrar shall, as soon thereafter as conyeniently 

may be, draw up^ seal, and file such order. 



Rule 10. 



The preceding orders relating to suits shall^ in all cases 
suits^ to extend ^1^®^® ^^^7 ^.re applicable, be construed as extending to pro- 
to proceedings, ceedings under this Order. 



Rule 1. 
Peremptory 
motions. 



Rule 2. 
Orders how 
drawn. 



Rule 3. 
Orders how 
drawn and 
executed. 



ORDER XII. 

Suits and Proceedings. 

Exparte Applications. 

Wherever in any suit or proceeding it shall become neces- 
sary to secure the possession of any property^ or to obtain security 
from any person for any monies in his possession^ or to enforce 
the deposit or the payment into Court thereof pending liti- 
gation^ or the immediate sale of any goods or chattels^ and the 
deposit or payment into Court of the purchase money thereof, 
or to obtain an order in the nature of an injunction, any party 
may apply exparte to the Judge, either in or out of Courts upon 
affidavits setting forth the facts rendering such order immediately 
necessary, and upon such application the Judge may either make 
an order absolute in the first instance, or make an order to be 
absolute at any time to be ordered by him unless cause be shown 
to the contrary, or may make such other order or give such 
directions in the matter as the Judge may think fit, and may- 
order immediate execution. 

The draft of all orders under the foregoing rule shall be pre* 
pared beforehand by the Registrar of the Court in which such 
suit or proceeding is pending, and shall be presented by the pafty 
when he makes such application to the Judge to settle and 



sign. 



The draft so signed shall be transmitted by the applicant to the 
Registrar of the Court in which the suit or proceeding is pending, 
who shall draw up the order in conformity tiierewith, and seal and 
file the same, and issue a copy thereof under the seal of the Court 
to the Bailifi^ for service, and execution shall be issued theteon, as 
by the order is directed. 



Rule 1. 
AmendmentflL 
15 & leVictf 
c. 86. 88. 49 
and 53. 



ORDER XIIL 

Suits and Proceedings. 

Amendments. 

The Judge may, at or during the hearing, and before a final 
decree or order be made in any suit or proceeding under the Act, 
exercise all powers of amendment mentioned in the 67th section 
of the Statute 19 & 20 Vict. c. 108, so far as the same may be 
applicable to suits and proceedings fn equity, and also all the 



15 

powers and authorities of a Judge of the High Court of Chancerj ; 
and "The County Court Rules^ 1857," which are numbered 
respectively 91, 92, 93, 94, 96, 96, 97, 98, 99, and 100, shall 
apply, so far as they are applicable, to all suits and proceedings 
under this Act. 

ORDER XIV. 
Suits and Proceedings. 

Affidavits, 

Rule 1. 

All affidavits shall be expressed in the first person of the Affidayits to be 
deponent ZX^«. 

All affidavits shall state the deponent's age, occupation, quality, Rule 2. 
and place of residence, and also what facts or circumstances deposed ^^"'^f ^^^ ^ 
to are within deponent's own knowledge, and his means of know- be statedf^ 
ledge, and what facts or circumstances deposed to are known to, 
. or believed by him by reason of information derived from other 
sources than his own knowledge, and what such sources are. 

The costs of affidavits not in conformity with the last two Rules. 
preceding rules shall be disallowed on taxation, unless the Court 9?®**?^*^?*" 

i_ n xi • J- J "^ts when dis- 

shall otherwise direct allowed. 

Before any affidavit is used it shall be filed in the office of the „.,.^^^ *• 

-P/i^i-of^^^ Filing of affi- 

»egi8trar. ^^^ 

No affidavit in which there is any knife erasure, or which is Rule 5. 
blotted so as to obliterate any word, or which is illegibly written, Erasure, Mot- 
or so altered as to cause it to be illegible, nor any affidavit in tion' Ac^in***' 
which there is any interlineation, unless the person before whom affidavits, 
the same is sworn shall have duly authenticated such interlineation 
with his initials in such manner as to show that such interlineation 
was made before it was sworn, shall be filed or used in any suit 
or proceeding. 

ORDER XV. 

Suits and Proceedings. 

Behearing. 

No decree or order once made shall be reheard unless in any ReheM^g^to 
case in which the Judge, on special grounds, shall think such rehear- be allowed on 
ing necessary, and then only on such terms as the Judge may think special gronnds 

just. ^^'y- 

ORDER XVI. 
Suits and Proceedings. 

Enforcement of Decrees and Orders, 

On the application of the party entitled to the benefit of ^^^ i- 
the decree or order, the Registrar shall issue to the Bailiff* a copy ^^^^^ 

Older. 




16 

of such decree or order under the seal of the Court with a notice 
to the party to be bound endorsed thereon, and the Bailiff^ shall 
forthwith serve the same upon the party to whom such notice is 
addressed. 

Rule 2. jf q process shall issue to enforce any decree or order, unless by 

ti^^mayl^sue. 'cave of the Judge, until three days after a copy thereof under the 

8eal of the Court shall have been served upon the party to be 
bound thereby. 

K^B s. Where any decree or order is made for the payment of money 

WaiTaiitoffi.fa. j^^^ q^^^ ^^ y^^ ^^^ ^^^^ ^ another, the Registrar shall, after 

the expiration of the time, if any, appointed by the decree or 
order for the payment thereof, and after the expiration of the 
time limited by this order, upon application by the person having 
the conduct of the suit, or by the payee, issue to the Bailiff 
of the Court a writ* of fieri facias as a warrant of execution, as 
provided by section 94 of 9 & 10 Vict. c. 95. 

Rums 4. Where by a decree or order made in any suit or proceeding for 

seaSon'or ^^" t^^ delivery up to any person of lands or tenements, goods 
assistance. or chattels, either as owner thereof, or to be sold, or to be 

held in possession until an order is made as to the disposition 
thereof, the Registrar shall, upon the application of the person 
entitled to such possession, issue to the Bailiff either a warrant of 
possession, or warrant of assistance, as the case may require. 



Rule 1. 
Registrar to 
ob^ in the re- 
ceipt and pay- 
ment of monies 
under this Act 
the Treasury 
Instmctions. 



Rule 2. 
Payment into 
Court 



ORDER XVII. 

Funds in Court. 

All monies ordered to be paid into Court shall be received 
by the Registrar, and the duties of the Registrar and the 
Treasurer with respect to such monies shall be in all respects 
the same as if the monies received under the Act had been 
received under the authority of the County Court Acts now in 
force, and all instructions issued or to be issued by the Lords 
Commissioners of Her Majesty's Treasury shall apply to monies 
received under the Act unless therein otherwise directed. 

Where money is directed to be paid into Court, the party 
directed, shall attend and pay the same into the office of the 
Registrar, and obtain a receipt for the amount ; and in case of 
stock, shares, or other securities, a transfer shall be made into 
the names of the Registrar and Treasurer of the Court less the 
brokers account and charges, and the certificate of transfer, 
together with such accounts, shall be filed in the office of the 
Registrar, who, with the Treasurer, shall hold such monies, 
stocks, shares, or securities in trust to attend the order of the 
Court 



17 

Where any party to a suit or proceeding is desuous of having Bulb s. 
any fond in Court in which he is interested, or any part thereof ^7^!^^l^ 

•'--^^ • -lii* 1 n monieB under 

invested, the Court may at any tune order the investment thereof; onier of Court. 
and such fonds may be invested in the purchase of three per cent; 
consolidated annuities^ in the names of the Treasurer and Regis- 
trar of the Court for the time being, with or Avithout the name of 
the person (if any) found or declared by the Court to be imme- 
diately entitled to the interest of the fund, and the Court may 
further order that the person (if any) so entitled shall from time 
to time receive the dividends thereof. 

Where the investment is in the names of the Treasurer and Ke- ^^ *' 
gistrar alone, the Registrar shall from time to time receive the i^estments. 
dividends oj^ all the funds so standing in their names, and shall re- 
invest the dividend in the same names, except where and so far 
as the Court shall otherwise direct, and shall apportion the 
amount so re*invested in his books to the right accounts. 

Where the sum to be invested in any case in the same interest l^^J^ 5. 
does not exceed SOL in one year, the same may, if the Judge ]^^^^/ 
think fit, be deposited in the Post OfBce Savings Bank in the it may be 
name of the Registrar for the time being in trust for the parties invested in 
interested therein, and in such case the person (if any) entitled sayLffsBanks 
to the interest on such sum shall be allowed to receive the 
annual addition made to the same by way of interest, on such 
certificate or authority from the Registrar as the Postmaster 
General may from time to time require. 

Where any order has been made upon any person to pay to the ^^^ 6« 
Accountant-General in Chancery any sum of money under sec- ^Q^V^s^of^ 
tion 5. of the Act, such order shall be drawn up by the Registrar the Act. 
and issued to the Bailiff of the Court ; by whom the same shall be 
served personally upon the person ordered to make the payment. 

... Rule 7. 

Where default shall be made in the production of the certificate Where default 
of the Accountant-General the Registrar shall give notice in ™*<lem pay- 
writing to the Judge of the fact of such default, and the Judge countant- 
may thereupon direct a warrant of execution to issue in accordance General of the 

with section 5. of the Act. ^^ «^ Ch- 

eery. 

Where any married woman is interested in any principal Kule 8. 
money, stocks, shares, or securities exceeding in value 200Z., Married 
or lOZ. in annual payments, she shall be examined by the Judge 
apart from her husband to ascertain whether the same shall be 
paid to him or made the subject matter of a settlement, but if 
she be under age the Court shall order a proper settlement to be 
made. 

ORDER XVIII. 

Transfer of Proceedings to Court op Chancery. 
If during the progress of any inquiry under Order of the Court Transfer to 
it shall be made to appear that the subject matter of the suit or ^^^ ^ere**^" 
12899. B ^^ ^ ^^^ 



18 

gald«ct matter proceeding exs^eeds the amount to which the joriBdiction of the 
^^^t to^ Court is limited, the Registrar may proceed with the particular 
which Juris- account or inquiry which is then before him, unless he thinks it 
diction is given inexpedient so to do, but he shall at the next sitting of the Court 
by Act present a certificate of the state of the suit and proceedings, and if 

the Judge shall be 6f opinion that such excess exists, he shall make 
an Order for the transfer of the suit or matter to the Court of Chan- 
cery ; and the Registrar shall make and file with the record a copy of 
such certificate and Order, and shall transmit the original, together 
with the Order of the Judge thereupon, under the sead of the Court, 
by post or otherwise, to the office of the Clerk of Records and 
Writs in Chancery, or to such other office or officer as the Lord 
Chancellor may by General Order direct, and shall also send 
notice, by post or otherwise, of the fact, to all parties and persons 
entitled to be served with a copy of the decree. 



ORDER XIX. 

Appeal. 

Rule 1. Where any party desires to appeal under section 18. of the 

by^case*^ Act against the determination or direction of a Judge of a 
13 & 14 Vict. County Court, such appeal shall be had in accordance with the 
c. 61. 8s. 14. provisions of section 15. of 13 & 14 Vict. c. 6L, upon a case to 
andM^i8.& ^^ Stated for the opinion of the Vice-Chancellor appointed in that 
19. of the Act. behalf by the Lord Chancellor. 

?^^^f ^' The notice of appeal shall be in writing, and shall be signed fay 

appeal. ^^^ appellant^ his counsel or attorney, and such notice shall be sent, 

together with the statement of the grounds, by post or otherwise, 
to the Registrar as well as to the successful party. 

EuLE 3. The pendency of an appeal shall not operate as a stay of pro- 

norto^Bteyed ceedings, but the Vice-Chancellor to whom such appeal is made, or 
unless Vice- the Judge from whose decree or order the appeal is made, may 
Chancellor or gtay the proceedings pending the appeal, on such terms as to giving 
wis^orderr" security Or otherwise as to such Vice-Chancellor or Judge may 

seem fit. 

Casf to be* ^^® appellant shall prepare the case for appeal, and all cases 

signed by on appeal shall, unless the Judge shall otherwise order, be pre- 
judge, sented to him for signature at the Court held next after the par- 
ties shall have agreed upon the same ; and if the Judge approves 
thereof it shall be signed by him, -and sealed with the seal of the 
Court ; but where the Judge does not approve of the case sub- 
mitted to him, both parties shall be summoned to attend him 
where and when the Judge shall appoint, and at the place and 
time so appointed both parties shall be heard as to the form of 
the case^ and the Judge shall finally settle and sign the same> and 
it shall then be sealed by the Begistrar. 



19 

Where the parties do not agree upon the form of the case to ,^rJ^^^^ ^: 
be stated, the appellant shall lodge with the Registrar the draft ^^ ^^J J^* 
case prepared by him, and the Registrar shall give notice to the on case, Judge 
parties that the same has been so lodged, and will, on a day to be ^ settle same, 
named in the notice, be presented to the Judge for his signature, 
and on such day the parties may appear before the Judge, who 
shall determine the form of the case, and finally settle and sign 
the same, and it shall then be sealed by the Registrar. 

When the case shall be so signed and sealed, a copy thereof copy of case 
shall be deposited with the Registrar, and another sent by post deposited with 
or otherwise by the Appellant to the successful party within l^«g"^trar- 
three clear days next after the time of signing and sealing the 
same, and if the Appellant do not comply with this rule the 
successful party may proceed upon the decree or order unless the 
Judge shall otherwise direct. 

The Appellant shall, within three clear days next after the case c^se to be ' 
has been signed and sealed, transmit the same with a copy trandmitted. 
thereof under the seal of the Court, by post or otherwise, to 
the o£Sce of the Clerks of Records and Writs in Chancery, or 
to such other office or officer in the Court as the Lord Chan- 
cellor may by general order direct, and shall give notice, by post 
or otherwise, to the successful party that he has done so; in 
default whereof the successful party may proceed on the decree or 
order, and shall, on the application to the Court, be entitled to 
such costs as he shall have incurred in consequence of the Appel- 
lant's proceedings ; provided that, instead of proceeding on such 
decree or order, the Respondent, if he think fit, may, within 
twenty-eight days from the signing and sealing of the case, trans- 
mit it in the manner prescribed, and give the like notice to the 
appellant of such transmission. 

If, after the case has been transmitted, the Appellant do not I^^» 8. 
prosecute his appeal, the Court of appeal may dismiss the same for "^^^^^u©- 
want of prosecution, and thereupon the decree or order appealed cessftd party to 
from may be prosecuted and enforced as if there had been no such proceed, 
appeal, and the Respondent in the appeal shall be entitled to all 
costis he may have incurred by reason of the appeal, to be recovered 
as costs in the Court below. * 

When the Court of Appeal shall have made a decree or order EntCT^judir- 
either party may deposit the same, or an office copy thereof with ment on appeal, 
the Registrar of the County Court, and upon being so deposited 
such decree or order shall be filed and may be enforced as if it 
had been made by the County Court. 

All the rules in this Order shall apply to appeals under section 19 . ^^^ ^^• 
of the Act to the Court of Chancery of the County Palatine of Lancashire 
Lancaster, and the Vice-Chancellor thereof, except that the case Court of 
when signed and sealed shall be transmitted to the Registrar of Chancery, 
that Court. 

B 2 



20 



OBDER XX 

Duties of Begistbab. 

Bulb 1. The Registrar shall keep a book^ to be called '^ The Suits and 

Kegistrar Proceedings in Equity Book," and shall enter and number in such 

boolu ^and Book each suit or proceeding consecutively in the order in which 

enter proceed- they are entered, and shall also enter therein a note of all docu- 

ings therein, ments filed and steps taken in such suit or proceeding. 

Rule 2. Upon the filing of any document it shall be distinguished by 

be^S^MSflhed *^® number of the plaint or petition in respect of which it is filed 
by the number being endorsed thereon, and it shall be further distinguished from 
of the plaint other documents filed in the suit or proceeding by placing after 
an etters. ^j^^ number a distinctive letter of the alphabet. 

KuLE 3. Where a Registrar rejects an affidavit under Order XIV. he 

SJrwhenhf*" ^^^^ S^^® notice, by post or otherwise, to the party offering the 
rejects affida-* same for filing, of and the reasons for such rejection ; and where 
vits, or where any other document is so imperfect upon the face thereof, or by 
^pS "" re^o^ <>f ^avi^g Wanks therein, that it cannot be easily read or 

understood, the Kegistrar may refuse to file, and may return the 
same by post, or otherwise, to the party offering the same, to be 
re- written, or the blanks filled up. 

Rule 4. Before any summons, notice, or other document, or any copy 

Summons, &c. thereof, shall be issued by the Registrar, the same shall be sealed 

to be sealed. "ii t n t r>t 

With the seal of the Court. 

Rule 5. Where the Kegistrar is required by any decretal order to make 

sm^ntTime i^<l"iries or to take accounts, he shall appoint some day, being 
and place for not less than twenty-one days from the date of such order, to sit 
inquiries and in his office or at the Court to hear and determine all matters 
^ratl**^ relating to such inquiry and accounts, and he shall forthwith pre- 

pare and insert advertisements in conformity with such order, 
stating the time, place, and purpose of such sitting, and shall 
insert the same fourteen days previous to such sitting. 

Rule 6. Upon the day so appointed the Kegistrar shall sit at the 

Hewing before time and place appointed, and shall hear all parties interested, 
^'**'^* their counsel or attorneys. 

Rule 7. Where a Kegistrar is not prepared to certify to the Court on 

ftr^rtifiSte *^® ^^7 mentioned in the order he shall apply to the Judge for an 

extension of time, and state the reason for making the application, 
and he shall give notice, by post or otherwise, to the parties of 
the enlargement of the time and of the day on which he is to 
certify. 

Rule 8. Whenever a notice for appeal is given, the Kegistrar shall detain 

re^nmoney *^^ proceeds of any execution which may then be in or may conae 

to abide result ^^^o his hands pending such appeal, to abide the event of such 

of appeal. appeal, unless the Judge shall otherwise order. 



21 



ORDER XXI. 
Duties of High Bailiff. 

Where any personal property is directed to be sold by auction, ^^^ i 
the High BsolifF shall superintend the sale ; and where the pro- of p^^^l 
pcrty is to be sold by private contract he shall carry out the property, 
directions of the Court in respect of such sale. 

The High Bailiff shall serve all documents issued to him by the Rule 2. 
Registrar for service, and execute all warrants. iT'^^^ti ^^ 

Where a warrant shall direct the High Bailiff to take pos- Rule 3 
session of, without selling or delivering to a party, any goods PoBsession 
or chattels, he shall make or cause to be made an inventory or 
appraisement of the goods or chattels which he may take into his 
possession, and may, upon receiving as a deposit the amount 
of such appraisement or sufficient security, to be approved by the 
Registrar, for the safe custody, and for the delivery up of possession 
upon request, of such goods and chattels, relinquish the possession 
thereof on condition that the same shall be re-delivered to him 
or held to abide the order of the Court. 

All monies coming into the hands of the High Bailiff shall p ^^^^^• 
be paid over by him to the Registrar to the credit of the suit or of money. ^ 
proceeding in which the same was so received by him within 
twenty-four hours after he shall have received the same. 



ORDER XXII. 

Duties of Receiver. 

Every Receiver appointed by the Court, other than the High Rule 1. 
Bailiff, shall give such security by bond to the Registrar for the Receivertogiye 
faithful discharge of his duties, and the payment over of money, ^^^'^^^y- 
as the Court shall direct. 

The Receiver shall submit to the Registrar, and the Registrar . R^e 2. 
shall audit, the accounts of the Receiver, which need not be in any ^"*auditeTby*^ 
particular form, as soon as conveniently may be after the receipt Registrar and 
or realization of the assets, and immediately after such audit shall ^^en, 
pay over to the Registrar the balance found thereby to be in 
his hands. 

The Registrar may require any Receiver to produce any receipt, Rule 3. 
accounts, and vouchers necessary for verifying the accounts, and ^*^ produce 
may disallow any item not proved to his satisfaction, and may, if if ^uir^ 
he shall think fit, require any Receiver to verify such accounts and verify on oath, 
vouchers upon oath. 



i 



2i 



Bulb 4. 
To produce 
account for 
audit upon 
notice. 



Bulb 5. 
Audit once a 
year. 



Bulb 6. 
Partieis need 
not attend 
audit. 



Bulb 7. 
Court may 
order income 
to be paid 
direct to 
parties. 



The Receiver shall, at any time before the complete realization 
of the assets, produce his accounts to be audited in manner pro- 
vided by this Order, upon receiving seven days notice in writing 
from the Registrar so to do, and such notice may be sent by post 
or otherwise to the address of the Receiver. 

Where the duties of the Receiver are continuous, no longer 
period than one year shall in any case be allowed to intenrene 
between each audit. 

In no case shall it be necessary for any party to attend at the 
audit of the Receiver's account, but where a party is dissatisfied 
with a Receiver's account he may apply to the Court or Registrar 
for a revision of the Registrar's allowances. 

The Court may order the Receiver to pay over, at such time 
or from time to time as it shall see fit, to the party entitled to 
the beneficial interest therein, or to the guardian of any infant, 
any yearly or other accruing rents or interest instead of paying 
the same into Court, and to take credit for such payments in his 
accounts when audited. 



Bulb 1. 
Proceedings 
may be wholly 
or partly 
printed. 



BULE 2. 

Documents 
to be sealed. 

BULE 3. 

Service. 



ORDER XXIIL 

Pbaotice. 

All plaints, petitions, statements, and documents whatsoever in 
any suits or matter imder the Act which are required to be filed 
shall be on foolscap paper, and may be wholly or partly printed 
or written, and dates and sums occurring therein may be 
expressed in figures. 

All judicial or official documents in any suit or proceeding, 
and all copies thereof respectively issued by the Court, shall be 
stamped by the Registrar with the seal of the Court. 

Every document, the mode of serving which is not specially 
defined by these Orders, may be served, and the service thereof 
may be proved, in conformity with the practice that has hereto- 
fore prevailed in the County Courts as to the service of sum- 
monses, excepting so far as the same relates to the time of 
service. 

Where any party to a suit or proceeding changes his attorney 
he shall give notice in writing of such change to the Registrar, 
stating the name or firm and place of business of the new attorney, 
and the Registrar shall file the notice. 

Bulb 5. No suit or motion for a decree or decretal order shall be heard 

fo?hefrb^° until the same shall be set down for hearing. 

BuLE 6. The times of the sitting of a County Court in matters of equity 

^tlnm! ^^^ ^^^^ ^^ those appointed for the transaction of the general busine^ 



Bole 4. 
Change of 
attorney. 



28 

of the Conrt, unless the Judge shall otherwise order and shall 
appoint a special day or days for a sitting of the Court in matters 
of equity. 

Where any party t^ any suit or proceeding is unacquainted ^c^^^^^^^ 
with the Christian name of any person whose name he desires to tian name 
insert in any plaint, proceeding, or document, he may describe unknown. 
such person by his surname, or by his surname and the initial of 
his Christian name, or by such name as he is generally known by. 

Where any proceedings or documents are filed an extra copy, Copy of 
in addition to the copies to be delivered under these orders, shall documents 
be left with the Begistrar for the use of the Judge. j^^ ^^ 

The Be^strar shall transmit by post, prepaid, to the Judge, ^^^^ ^• 
five days before the sitting of the Court, all copies of proceedings pj^^dinire to 
and documents left for his use under these orders. be forwarded 

to Judge. 

Copies of all proceedings or documents shall be prepared by rulb lo. 
the Begistrar for any person requiring the same, upon payment Registrar to 
of the costs of such copies when the order for the same is given. ^i^ *^ 

Where by these Orders any act is to be, or may be, done by any . ^^^"* ^ J^ 
party to a suit or proceeding, such act may be done either in done ^counsel 
person or by his attorney. op attorney. 

Where a party acts by attorney, service of any proceeding or ^p^ 12. 
document upon such attorney, or delivery of the same at his oflSce, f^^ey^^ 
or sending the same to him by post, shall be good service upon sufficient, 
the party for whom such attorney acts, as upon the day when the except where 
same is so served pr delivered, or upon which in the ordinary J^^i^jg 
course of post it would be delivered, except in cases where by required, 
these orders personal service upon a party is required. 

Any proceeding or document may by leave of the Begistrar, be «^^P''" ^^', 
served by the attorney of the party requiring to effect such leave^fl^J ^ 
service ; but the costs of such service, and proof thereof, shall Registrar be 
not be allowed, except by order of the Judge. effected by the 

^ ^ J o attorney. 

Where by reason of the absence of any party, or from any other Rule 14. 
sufficient cause, the service of any summons, notice, proceeding. Substituted 
or document cannot be made, or ought in the opinion of the Judge 
to be dispensed with, the Judge may wholly dispense with such 
service, or may, at his discretion, order any substituted service or 
notice by advertisement or otherwise in lieu of such service. 

The Judge shall order in what newspaper any advertisements judge to order 
which may from time to time be ordered in any suit or pro- in what news- 
ceeding shall be inserted ; and when there is no fund in Court, tSem^'nte^tobe 
the expense of such advertisements shall be paid to the Eegistrar inserted and 
by the party requiring the same before they are inserted. costs thereof to 

be prepaid. 

All advertisements to be inserted in the London Gazette shall ^^ i^* 
be transmitted to the Eegistrar of County Court Judgments t^^^^^""^ 
in London, who shall cause them to be classified and inserted in Gazette. 



24 



Bttle 17. 
Conduct of 
suit 



Rule 18. 
Court may 
enlarge or 
abridge periods 
mentioned in 
these orders. 

Rule 19. 
Undertaking 
by next friend 
to pay costs. 



Rule 20. 
Transfer of 
suits or pro- 
ceedings from 
one Court to 
another in cer- 
tain cases. 

Rule 21. 
Taxing officer. 

Rule 22. 
Interest on 
debts. 



Rule 23. 
Interest on 
legacies. 



Rule 24. 
Decrees to be 
registered. 
Sec. 15. 



Rule 25. 
Forms. 



Rule 26. 
General prac- 
tice rule. 



lists under the direction of the Commissioners of: H«c Majesty'^ 
Treasury. , 

The Judge may order what party shall have the conduct of 
any suit or proceeding, or any pai*t thereof^ and may rescind or 
alter such Order, or make new Orders in that behalf, irom time to 
time as he shall think fit. 

The Judge may, if he think fit, enlarge or abridge any of the 
times fixed by these Orders for taking any step, or filing any 
document, or giving any notice, in any suit or proceeding. 

Before the name of any person shall be used in any suit or 
proceeding as next friend of any infant, married woman, or other 
party, such person shall sign an imdertaking, in the form given 
in the schedule, to be responsible for any costs to which the 
plaintiff or applicant may become liable in the course of the suit 
or proceeding, and such undertaking shall be annexed by the 
Kegistrar to the plaint or petition. 

Where suits or proceedings shall be commenced in different 
Courts by parties in the same interest such suits or proceedings 
shall be transferred to the Court in which the first plaint or 
petition was filed, and shall there be proceeded with in the same 
way in all respects as if they had been commenced in that 
Court. 

The Registrar shall be the taxing ofiSicer of the Court 

Creditors are to be entitled to interest in respect of debts as 
to such of them as carry interest after the rate they respectively 
carry, and as to all others after the rate of 4?. per cent per 
annum, from the date of the decretal order, and to costs of 
successfully proving such debts according to the scale of costs in 
that behalf. 

Interest is to be computed on legacies after the rate of 4Z. 
per cent, per annum, from the end of one year from the date of 
the testator's death unless otherwise ordered or a different rate 
is directed by the will. 

A note of every decretal order or final decree made in any suit 
or of an order made on a. petition shall be transmitted to the 
Registrar of County Court Judgments in London, who shall 
register the same under the direction of the Commissioners of 
Her Majesty's Treasury. 

All proceedings and documents may be in forms similar to 
the forms in the Schedule to these Orders where the same are 
applicable ; and in cases where no forms are provided, parties shall 
frame the proceedings or documents, using as guides those con- 
tained in the schedule. 

The rules and forms and practice heretofore in force in the 
County Courts shall, subject to these Orders, be adopted with 
reference to suits and proceedings in equity, so far as they shall 
be respectively applicable. 






25 

ORDER XXIV, 

Interpketation. 

In these Orders the following words shall have the several Rulb i; 
meanings hereby assigned to them, over and above their several Interpretation. 
ordinary meanings^ u^ess there be something in the subject or 
context repugnant to such construction ; (viz.) 

(1.^ The words " the Act " shall mean 28 & 29 Vict. c. 99. : 

(2.) Words importing the masculine gender shall include 
females : 

(3.) Words importing the singular number shall include the 
plural, and vice vers& : 

(4.). The word "party" shall mean a party to a suit or pro- 
ceeding ; and " person " shall mean any person, whether 
a party to the suit or proceeding or not ; and the words 
"person" or "party" shall include a body politic or 
corporate : 

(5.) The word " affidavit " shall include statutable affirmations, 
and attestations upon honour, and the word " sworn " 
shall include affirmed according to the statute and 
attested upon honour : 

(6.) Where any number of days is mentioned, it shall mean 
" clear days :" 

(7.) The word " Court " shall mean the County Court having 
jurisdiction in the suit or proceeding, and the words 
" Judge " and " Registrar " shall respectively mean the 
Judge and Registrar of that Court : 

(8.) The words " High Bailiff" shall include any assistant 
bailiff lawfully appointed by the High Bailiff, and the 
word "Bailiff" shall include High Bailiff. 



J. B. Dasent. 
D. D. Heath. 

J. WORLLEDGE. 

Rupert A. Kettle. 
William Furner. 

I approve of these Orders and Forms to come into force in all 
County Courts on the 1st day of October 1865. 

CRANWORTH, C. 



LIST OF FORMS. 



Page 

1. — Undertaking by Next Friend of In&nt to be responsible for Defendant's 1 qq 

Costs J ^^ 

2. — ^Affidavit in support of Application for substituted Service - - 29 

3. — Order for substituted Service - - - - - 30 

4. — Administration. — [Clause 1. of Sect. 1.] - - - - 30 

By Creditor - - - - - - 30 

By Legatees (Specific) - - - - - . 31 

By Legatees (Pecuniary) - - - - - - 31 

By Legatees (Residuary) - - - - - 31 

Next of Kin - - - - - - 32 

5.— Execution of Trusts. — [Clause 2. of Sect 1.] - - - - 32 

6. — ^Foreclosure. — Clause 3. of Sect. 1.] - - - - - 33 

Redemption - - - - - --34 

7. — Specific Performance. — [Clause 4. of Sect. 1.] - - - - 34 

8.— Under Trustee Relief Act— [Clause 5. of Sect. I.] - - - 35 

9. — ^Under Trustee Acts - - - - - - 36 

10. — Maintenance and Advancement of Infants. — [Clause 6. of Sect. 1.] - 37 

11. — ^PartnersMp. — [Clause 7. of Sect 1.] - - - - - 37 

12. — ^Notice of Application for Order in the nature of Injunction. — [Clause 8. 1 »q 

of Sect 1.] / "*** 

13. — Summons on Plaint - - - - • - 39 

14. — ^Notice to admit and inspect - - - - - - 40 

15. — ^Application for Summons to produce - - - - - 41 

16. — Summons to Witness - - - - - --42 

17. — Defendant's Admission - - - - ---42 

18. — ^Affidavit of Signature to Defendant's Admission - - - 42 

19.— De^dant's Statements - - - - .--43 

20. — ^Decretal Order. — ^Administration Suit - - - - - 44 

In Creditor's Suit - - - - - . 44 

In Suits by Legatees - - - - - --44 

In Suits by Next of Kin ------ 44 

21. — ^Form of Order under Order VI. Rule 14., or under Order XII. - - 45 
22. — Form of Order under Order VI. Rule 14., or under Order XII. - - 46 

23. — Decretal Order for Reference in Foreclosure Suit by Legal Mortgagee - 46 
24. — Decretal Order of SsJe in a Suit by a Legal or Equitable Mortgagee or 1 . - 
Person entitled to a Lien - - - - - - 1 

25. — ^Decretal Order. — Dissolution of Partnership - - - - 48 

26. — Final Decree for Foreclosure - - - - 49 

27. — ^Partnership .--- - "Iaq 

Final Decree - - - - - -/'*'' 

28. — Notice of Decretal Order to Absent Party - - - - 50 

29. — Notice to Creditor to prove his Claim - - - - 50 

30. — ^Notice to Creditor of Allowance of Claim - - - - 50 

31. — ^Registrar's Certificate ------ 

Notice of Decretal Order - - - - - 

Personal Estate Account . - - . . 

References to Account . . - - 

Variations from Accounts - - - - - 

Special Allowances in Accounts - - - - 

Rieference to Transcript of Account - - - - ^50 

No Personal Estate received - - - - - '' 

Funeral Expenses - - - 

Debts ------ 

Interest on Debts - - - - - 

Legacies and Annuities - . - - 

Interest on Legacies - - - - - 

Outstanding iState - - - - " i. kq 

Real Estate - - - - . - ?• O"* 

Incumbrances on Real Estate . . . - 

Rents and Profits Account . - . . 

No Rents and Profits received - - - - 

Next of Kin - - - - . - 54 



> 51 



28 

Page 

32. — ^Notice that Registrar's Certificate may be inspected - - - 54 

33. — ^Bond to be given by Receiver - - - - - 64 

34. — ^Warrant of Execution on a Decree or Order of the Court for the Payment 1 gg 

of Money - - - - - - - -J 

35. — Warrant of Assistance - - - - - - 56 

36. — ^Warrant of Possession - - - - - 57 

37. — ^Notice of Change of Attorney - - - - - 58 

38. — Order of Revivor .---- - -58 

39. — Order of Payment of Legacy into Court of Chancery - - - 58 

40. — Order of Transfer of Suit or Matter to Court of Chancery - - 59 

41. — General Heading for and Endorsement on Decretal Order or Decree - 60 

42. — ^Mem. to be placed at Foot of every Summons, Notice, Decree, or Order of! ^q 

Court, or any other Process of the Court - - - - J 

43. — Allowances to Witnesses - - - - - 60 



BOOKS. 

A. — Suits and Proceedings in Equity Book - - - - 61 

B.— Cash Book - - - - - - - 64 

C. — ^Ledger - - - - ---65 



SCHEDULE OF FORMS 



TO THE 



COUNTY COURT ORDERS 

IN EQUITY 



FOR REGULATING THE 



PRACTICE OF THE COUNTY COURTS. 



1. 

Undertaking by Next Friend op Infant to be 
responsible for defendant's costs. 

In the County Court of holden 

at 

I, the undersigned , being the next friend 

of A.B,y who is an infant, and who is desirous of entering a plaint 
\or of taking proceedings] in this Court against CD. of» &c., 
hereby undertake to be responsible for the costs of the said CD. 
oiy &c.^ in the cause, and that if the said A.B. fail to pay to the 
said CD.y when and in such manner as the Court shall order, 
all such costs of such cause as the Court shall direct him to pay 
to the said CD., I will forthwith pay the same. 

Dated this day of 

(Signed) 



2. 

Affidavit in support op Application for substituted 

Service. 

In the County Court of holden 

at 

In the suit of A.B. v. CD. 

* 

I, J»S. of [address and descriptwn]y make oath and say as 
follows : — 

State facts showing that Defendant has been within the jurisdiction 
of the County Courts at some time not more than two years before 



30 

the plaint wasJiUd^ and that he is beyond the seas. Or, that upon 
inquiry at his usual place of abode (if he had any), or at any other 
place or places where prior to the time when the plaint was filed he 
might probably have been met with, he could not be found so as to be 
served, and that in either case there is just ground to believe that he 
has gone out of the realm or otherwise absconded to avoid being 
served^ and that service on J.N. will he effective to reach CD, 

Then state Deponenfs means of knowledge of the facts deposed tOm 

Sworn, &c. 



3. 

Obdeb fob Substituted Sebvice. 

In the County Court of holden 

at 

In the suit of A.B. v. CD. 

It appearing to me, upon the aflGidavit of that 

it is desirable for the purposes of this suit that service of the 
plaint be made upon at , and that such 

service be deemed good service on the Defendant CD., I do 
order that service of the plaint and summons in this suit be 
deemed good service upon the said Defendant CD. 

Dated this day of 

J.S., Judge. 



A. 
Admin iSTBATiON.— [Clause 1. of Sect 1.] 

By Creditor. 

Plaint in Equity. 

In the County Court of holden 

at 

A,B, of, &c. [address and description'\. Plaintiff, 

and 
CD. of, &c. laddress, and description"}, Defendant, 

A.B., the above-named Plaintiff, states as follows : — 

1. JE.F, late of was at the time of his death, 
and his estate still is, indebted to the Plaintifi in the sum of 
[here insert nature of debt and security, if any^. 

2. The said KF. duly made his last Will, dated the 

day of and thereof appointed CD. executor [or devised 

his estate in trust, &c., or died intestate, as the case may be"]. 

3. The said Will was duly proved by the said CD. [or letters 
of administration were granted, &a] 

4. The Defendant has possessed himself of the personal [and 



SI 

real or the proceeds of the real] estate of the said E.F.^ and has 
not paid the PlaintiiF his said debt. 

5. The said E,F. died on or about the day of 

aqd had his last place of abode within the juris- 
diction of this Court. [ Omit this if CD, has his place of abode 
within the jurisdiction of this Court^ 

6. The whole of the personal [and real] estate of the said JS.F. 
does not exceed in amount lor value] the sum of 500/. 

7. The Plaintiff prays that an account may be taken of the per- 
sonal [and real] estate of the said JE.F. deceased, and that the 
same may be duly administered under the decree of the Court, 
and for such further or other relief as the Court may think fit. 

This plaint was filed by 

Attorney for the Plaintiff, 
or by of 

jBy Legatees (^Specific). 

Omit paragraph 1. and commence paragraph 2. F,F, late of 
duly made his last Will, dated the day of 

and thereof appointed C.D» executor, '^ and by such will 
bequeathed to the Plaintiff [A^re state the specific legacy\'^ 

For paragraph 4. substitute — 

The Defendant is in possession of the personal estate of the 
said E.F.y and, inter alia, of the said \1iere name the subject of the 
specific bequest]. 

For the commencement of paragraph 7. substitute — 

The Plaintiff prays that the Defendant may be ordered to deliver 
to him the said \here name the subject of the specific bequest], or 
that, &c. 

By Legatees {Pecuniary). 

Omit paragraph 1. and substitute for paragraph 2. E.F., late 
of duly made his last Will, dated the 

day of and thereof appointed CD, executor, and 

by such Will bequeathed to the Plaintiff a legacy of <£* ." 

In paragraph 4. substitute "legacy " for "debt." 

By Legatees {Residuary). 

Omit paragraph 1. and substitute for paragraph 2. E.F., late 
of duly made his last Will, dated the 

day of , and thereof appointed CD. 

executor, and by such Will bequeathed to the Plaintiff the residue 
[or a part of the residue] of his personal [or and the proceeds 
of his real] estate. 

In paragraph 4, substitute " the residue [or share of residue] 
so bequeathed " for " said debt," 



32 



Next of Kin. 

For paragraphs 1, 2^ 3, and 4, substitute — 

1. E.F. late of was at the time of his death 
possessed and entitled of personal estate. 

2. He died on or about the day of 
intestate. 

» 

3. Letters of administration were duly granted to the I^e- 
fendant, and that he has possessed himself of the personal estate 
of the deceased [leave out ^^ letters of administration were dulj^ 
granted to the Defendant and that " if none have been ffrantetfL 

4. That the Plaintiff is next of kin [or one of the next of Kinl 
of the said JE.F. 



5. 

Execution op Trusts. 

[Clause 2. of Section 1.] 



Plaint in Equity. 

In the County Court of holden 

at 

A.B, of, &c. [address and descriptioni - - Plaintifi^ 

and 

CD, of, &c. [address and description], the or one 
of the cestui que trusts {see Rule 6 of 
15 §• 1 6 Vict cap, 86. sec. 42.) - - Defendant. 

A,B,y the above-named Plaintiff, states as follows :— ^ 

1. He is one of the trustees under a deed of settlement bearing 
date on or about the day of made 
upon the marriage of the said E,F. and G,H,y the father and mother 
of the Defendant [or a deed of assignment of the estate and effects 
of E.F, for the benefit of CD. the Defendant, and other the 
creditors of JE.F.] 

2. The said A,B. has taken upon himself the burden of the 
said trust, and is seized of [or in possession of 
or of the proceeds of] the lands, tenements, and hereditaments, 
[goods and chattels], conveyed [or assigned] by the before-men- 
tioned deed. 

3. The trust estate [or fund] does not exceed in amount [or 
value] the sum of 500/. 

4. The said CD. claims to be entitled to a beneficial interest 
under the before-mentioned deed. 

5. The plaintiff is desirous to account for all the rents and 
profits of the said lands, tenements, and hereditaments [and the 
proceeds of the sale of the said or part of the said lands, tene- 
ments, and hereditaments, or goods and chattels, or the proceeds 
of the sale of or part of the ssdd goods and chattels, or the 
profits accruing to the plaintiff as such trustee in the execution of 



33 

the said trust] ; and he prays that the Court will take the accounts 
of the said trust, and also that the nfhole of said trust estate may 
be administered in the Court for the benefit of the said CD. the 
defendant, and all other persons who may be interested in such 
administration, in the presence of the said (7.-D., and such other 
persons so interested as the Court may direct, or that the said 
CD. may show good cause to the contrary. 

This plaint was filed by 
of 
Attorney for the Plaintiff, 
or by 

[N.B. — Where the suit is by a cestui-que trust the plaint may be 
modelled^ mutatis mutandis y on the plaint by a legatee,^ 



6. 

FoBECLOSUBE. — [Clause 3. of Section 1 .] 
Plaint in Equity 

In the County Court of holden 

at 

A,B. of, &c. \address and description] - Plaintiff, 

and 
CD. of, &c. [address and description] - Defendant. 

A.B.y the above-named Plaintiff, states as follows : — 

1. By an indenture of mortgage bearing date on or about the 

day of 18 , a freehold [copy- 

hold or leaseholi] cottage, with the garden and appurtenances, 
situated within the jurisdiction of this Court, were conveyed 
[or assigned] by the Defendant to him the Plaintiff, his heirs [or 
executors, administrators,] and assigns, for securing the principal 
sum of £ together with interest thereon after the 

rate of 51. per centum per annum, subject to redemption upon 
payment by the said Defendant of the said principal and interest 
at a day long since past. 

2. There is now due from the Defendant to the Plaintiff the 
sum of £ for principal and interest on the said mortgage. 

3. The Plaintiff prays that the Court will order the Defendant 
to pay him the said sum of £ with such further interest 
as may accrue between the filing of the plaint and the day of 
payment, and also the costs of this suit, on some day to be named 
by the Court, and in default that the equity of redemption of the 
said mortgaged premises may be foreclosed, or that the said pre- 
mises may be sold, and the proceeds applied in and towards the 
payment of the said principal, interest, and costs ; and he prays 
that for that purpose all proper directions may be given and 
account taken by the Court. 

This plaint was filed by 
of 
Attorney for the Pluntiff, 
or by 

1^899. o 



34 
Bedehftion. 

f ^ 

Transpose parties and also the facts in paragraph 1. 

For paragraph 2. substitute — 

2. There is now due from the Plaintiff to the Defendant, for 
principal and interest on the said mortgage^ the sum of £ 
which the Plaintiff is ready and willing to pay to the Defendant^ 
of which the Defendant before filing this plaint had notice. 

For paragraph 3. substitute — 

The Defendant prays that he may redeem the said premises^ 
and that the Defendant may be ordered to reconvey [or re-assignj 
the same to him upon payment of the' said sum of <^ 
and interest, with such costs as the Court may order (if any), upon 
a day to be named by the Court, and that the Court will give all 
proper directions for the preparation and execution of such re-con- 
veyance [or assignment], and doing such other acts as may be 
necessary to put him into possession of the said premises, freed 
from the said mortgage. 



7. 

Specific Performance. [Clause 4. of Section 1.] 

Plaint in Equity. 

In the County Court of holden 

at 

A.B, of, &C. [address and description]. Defendant, 

and 
CD, of, &c [address and descriptiori]. Plaintiff. 

A,B.^ the above-named Plaintiff, states as follows: — 

1. By an agreement dated the day of 

and signed by the above-named Defendant C.Z>., he the said CD, 
contracted to buy of [or sell to] him certain freehold property, 
therein described and referred to, for the sum of £ 

2. He has applied to the said CD, specifically to perform the 
said agreement on his part, but that he has not done so. 

3. The said A.B. has been and still is ready and willing speci- 
fically to perform the agreement on his part, of which the said 
CD. has had notice. 

4. The Plaintiff prays that the Court will order the said A,B, 
specifically to perform the said agreement, and to do all acts 
hecessary to put the said A,B, in full possession of the said 
property [or to accept a conveyance and possession of the said pro- 
perty], and to pay the costs of the suit. 

This plaint was filed by 
of 
Attorney for the Plaintiff, 
or by 

[N,B, — In suit for delivery up to be, cancelled of any agreementy 
omit paragraphs 2 and 3, and substitute a paragraph stating 



35 






generally the grounds for requiring the agreement to be delivered 
up to he cancelled^ such as that the Plaintiff signed it by mistake^ 
under distress^ or by the fraud of the Defendant^ and alter the 
prayer according to the relief sought.^ 



8. 
Under Trustee Belief Act. [Clause 5. of Section 1.] 

Proceeding in Equity. 

In the County Court of holden 

at 

In the matter of 

The petition of A.B, of, &c. \address and description"]. 

Showeth, 

1. That by a eed of settlementbear ing date the 

day of made upon the marriage of CD. with £!.F. 

certain freehold property in the settlement mentioned was con- 
veyed to [or that CD. deceased, by his Will bearing date the 

day of and proved on the day of 

by your petitioner and G.H. in the Prerogative Court of the 
Archbishop of Canterbury, certain freehold property in the Will 
mentioned was devised to] the petitioner, together with G.H.y 
upon certain trusts, inter alia [here set out the clause or portion of 
the trust deed or will upon which the order of the Court is required]. 

2. That the said G,H. died on or about the day 
of leaving the petitioner surviving trustee. 

3. That disputes and doub^ have arisen under the clause before 
set out, as to whether [here set out the specific question upon which 

the opinion, advice, or direction of the Court is required]. 

4. That the trust estate [or fund] to which this proceeding relates 
does not exceed in value the sum of 60QL 

5. That the persons interested in this application are /. J. of 
&c. [address and description]^ K. L. of, &c. 

6. Your petitioner prays the Court to declare its opinion, advice, 
or direction whether [here state specific question which the Court 

is asked to determine]. 

This petition was filed by 
of 
Attorney for the Plaintiff, 
or by 

KB.— By Stat. 23 §- 24 Vict. c. 38. s. 9. this must be signed by 
Counsel, 



C 2 



36 



9. 
Under Tbustee Acts. 

Proceeding in Equity. 

In the County Court of ^ 

holden at 

In the matter of 

The petition of A,B. of^ &c. [address and descriptioTi]. 

Showeth, 

1. That CD. deceased, by his will bearing date the 
day of and proved on the day of 

by your Petitioner and 0,H. in the Prerogative Court of the Arch- 
bishop of Canterbury, certain freehold property in the will men- 
tioned was devised to [or that by a deed of settlement bearing date 
the day of made upon the marriage of CD. 

with E.F. certain freehold property in the settlement mentioned 
was conveyed to] the Petitioner, together with G.H. upon certain 
trusts. 

2. That the said O.H. died on or about the day of 

leaving the Petitioner surviving trustee. 

3. That the said trusts are still unexecuted, and that the peti- 
tioner is unable by reason of having left the neighbourhood \^or 
his bodily infirmity, or any cause for relinquishing trust] further to 
execute the said trusts ; that it is for the advantage of the parties 
beneficially interested in the due execution of the trust that new 
trustees be appointed by the Court in the place of the Petitioner. 

4. That and of, &c. [address and 
description\ are proper persons to appoint as such trustees. 

5. That I.J, of, &c. [address and descriptioni, and L,M. of, &c. 
[address and description'\y are the persons beneficially interested 
in the said trust. 

6. Your Petitioner prays that the said and 

or some other persons to be named by the Court, 
be appointed trustees in his place and stead, and that the cost of 
the proceeding be ordered to be paid out of the trust fund, and 
to give such directions as may be necessary for executing such order. 

This petition was filed by 
of 
Attorney for the Plaintiff, 
or by 



87 

10. 

Maintenance and Advancement of Infants. 

[Clause 6. of Section 1.] 

Proceeding in Equity. 

In the County Court of holden 

at 

In the matter of 

The petition of A*B. of, &c [address, and description,'] 
Showeth, 

1. That he is gaardian [or trustee] of CD., an infant, and 
that by the will of E,F. a sum of I was bequeathed to the 
Petitioner, upon trust to apply the income thereof to the main- 
tenance and education of the said CD. during his minority, and 
to pay the said principal sum of /. to the said CD. upon his 
attaining the age of twenty-one years. 

2. That the said CD. is now of the age of fourteen years or 
thereabouts, and is now resident within the jurisdiction of this 
Court, and the Petitioner has heretofore spent the whole of the 
accruing interest upon his maintenance and education. 

3. That in the opinion of your Petitioner it would be greatly 
to the interest and advancement of the said CD. if a sum of I. 
part of the said principal money of /., was now expended by 
the Petitioner in payment to G,H. of , saddler, as a 
premium to the said G.H. to take and receive the said CD, as 
his indoor apprentice. 

4. The Petitioner prays that he may direct him to use 
and appropriate the said sum of /., partj of the said prin- 
cipal trust money or sum of /. for the apprenticeship of the 
said infant accordingly. 

This petition was filed by 
of 
Attorney for the Plaintiff, 
or by 



11. 

Pabtnbbship. [Clause 7. of Section 1.] 

Plaint in Equity. 

In the County Court of holden 

at • . 

A,B. of, &c., [address and description^ Plaintiff, 

and 
CD. of, &c., [address and description,'] Defendant. 

A.B. the above-named Plaintiff states as follows : 
1. He and and the said CD. the Defendant have been for the 
space of years [or months] last past carrying on business 

together at within the jurisdiction of this Court, 



38 

under certidn articles of partnership in writing, signed by them 
respectively, [or under a certain deed sealed and executed by them 
respectively, or under a verbal agreement between them, the said 
Plaintiff and Defendant]. 

2. Divers disputes and differences have arisen between the 
Plaintiff and Defendant as such partners, whereby it has become 
impossible to carry on the said business in partnership i?vith 
advantage to the partners. 

3. The whole of the property, stock, and credits of such part- 
nership do not exceed in value the sum of 500L 

4. The Plaintiff desires to have tiie said partnership dissolved, 
and he is ready and willing to bear his share of '^the debts 
and obligations of the partnership according to the terms of the 
said articles [deed, or agreement]. 

5. The Plaintiff prays the Court to decree a dissolution of 
the said partnership, and .that the accounts of the said part- 
nership trading may Ije taken by the Court, and the assets 
thereof realized, and that each party may be ordered to pay into 
Court any balance due from him upon such partnership account, and 
that the debts and liabilities of the said partnership may be paid 
and discharged and that the costs of the suit may be paid out of 
the partnership assets, and that any balance remaining of such 
assets, after such payment and discharge, and the payment of the 
said costs, may be divided between the Plaintiff and Defendant, 
according to the terms of the said articles, [deed or agreement], 
or that if the said assets shall prove insufficient he the Plaintiff 
and the said Defendant may be ordered to contribute in such 
proportions as shall be just to a fund to be raised for the payment 
of and discharge of such debts, liabilities, and C03ts. And to give 
such other relief as the Court shall think fit. 

This plaint was filed by 
of 
Attorney for the Plaintiff, 
or by 

[N,B. — In suits for winding up of any partnership omit the 
prayer for dissolution ; but instead thereof insert a paragraph 
stating the fact of the partnership having been dissolved^ 



12. 

Notice op Application foe Obbeb in the nature of 

Injunction. 

[Clause 8. of Section 1.] 
Proceeding in Equity. 

In the County Court of holden 

at 

In the suit of A,B. y. CD, 

Take notice that I A.B. intend to apply at the sitting of the 
Court at aforesaid on the day of [or to 



39 

Mr.' Judge at his sittings at or at on 

the day of as the case may he"] for an Order 

in tbe natui'e of an injunction to restrain CD, from further pro- 
secuting an action which he has conunenced against me in the 
[Exchequer of Pleas to recover damages for the breach of the 
contract for the specific performance of which this suit was com- 
menced [or to restrain him from receiving and giving discharges for 
any of the debts due to the partnership in the matter of the partner- 
ship between us for the winding up of which the suit was commenced, 
or from digging the turf from the land which was agreed to be 
sold by him to me by the agreement the specific performance of 
which this suit is commenced to enforce, or as the case may be\ 

Dated this day of 186 

A.B. 

To CD. 

[N.B, — Where the order in the nature of an injunction is to be 
applied for against a party whose name and address does not appear 
upon any proceeding already filed in the suit, it must be stated in full 
to enable the High Bailiff to serve the notice.^ 



13. 

Summons on Plaint. 

No. of Plaint in Equity. 

In the County Court of holden 

at 
{Seal) 

A,B, {^Address, description^ Plaintiff, 

and 
CD, [^Address y description"] Defendant. 

You are hereby summoned to appear at a County Court, to be 
holden at on the day of 

at the hour of in the noon, to shew cause why 

the relief prayed for in the plaint hereunto annexed should not 
be granted. 

Dated this day of 186 . 

Registrar. 
To CD. Defendant \_or one of the Defendants'], 

N.B. — If you do not attend either in person or by your attorney 
at the time and place above mentioned, such decree or order will 
be made and proceedings taken as the Judge may think just and 
expedient 

{^Endorsement on Summons], 

If you desire to lessen the amount of costs which you may be 
put to, you should follow such of these directions as may apply. 
If you desire to admit the truth of the allegations in the plaint. 



40 

and to submit to the judgment of the Court, you may, at any time 
before the return day of the original summons, appear before the 
Registrar, and in his presence sign an admission of the truth of the 
plaint and a consent to abide by and perform any decree or order 
the Court may make. 

If you desire to disclaim any interest in the subject matter 
of the suit^ or if you intend at the hearing to deny any of the 
statements in the plaint, or raise any question of law upon such 
statement without admitting the truth thereof, you may deliver 
to the Registrar, within eight days after the service of the 
summons upon you, a statement signed by you to that effect. 

If you intend to rely on a set-off, infancy, coverture, a statute 
of limitation, or a discharge under a bankrupt or an insolvent 
Act, as a defence, you must give notice of such special defence to 
the Registrar five clear days before the day of hearing, and such 
notice must contain the particulars required by ** The County 
Court Rules, 1857; and you must deliver to the Registrar as 
many copies of such notice as there are Plaintiffs, and an addi- 
tional copy for the use of the Court. If your defence be a set-off, 
you must, with each notice thereof, deliver to the Registrar a 
statement of the particulars thereof. 

Summonses for witnesses and for the production of documents 
will be issued upon application at the office of the Registrar of the 
Court upon payment of the proper fee. 



14. 

Notice to -Admit and Inspect. 

In the County Court of holden 

at 

In the suit of A.B. v. CD. 

Take notice that the Plaintiff [or Defendant or Petitioner] 
proposes to adduce in evidence on the trial in this cause [or 
matter] the several documents hereunder specified, and that Ae 
same may be inspected by the Defendant [or Plaintiff or Peti- 
tioner], his attorney or agent, at on , 
between the hours of ; and the Defendant [or Plaintiff, 
or Petitioner] is hereby required, within forty-eight hours from 
the last-mentioned hour, to admit that such of the said documents 
as are specified to be originals were respectively written, signed, 
or executed as they purport respectively to have been ; that such 
as are specified as copies are true copies ; and that such documents 
as are stated to have been served, sent, or delivered,* were so 
served, sent, or delivered respectively, saving all just exceptions 
to the admisibility of all such document as evidence on such trial. 
Dated the day of 

G.H,, Attorney for 

To U,F., Attorney for . 



41 

OsiaiKALS. 



Descriptioii of the Documents. 



Date. 



Copies. 



Description of Documents. 

■ 


Dates. 


Original or Duplicate served, 
sent, or deUvered, when, 
how, and by whom. 









15. 

Application fob Summons to Produce. 

In the County Court of holden 

at 

In the suit of A.B. v. CD. 

To the Registrar of the above Court. 

I A^B. [or CZ>.] hereby apply for a summons to issue, calling 
upon of to attend the 

Cburt upon the day of , and then and there to 

produce the following documents. 

A.B. [or CD.] 

Originals. 



Description of the Documents, 



Date. 



Copies. 



Description of Documents. 


Dates. 


Original or Duplicate served, 
sent, or delivered, when, 
how, and by whom. 


• 







42 

16. 

. Summons to Witness. 

No. of Plaint in Equity. 

In the County Court of holden 

at 

In the suit of A.B, v. CD. 

You are hereby required to attend at [ Court House in ] 

on the day of 186 , at 

the hour of in the noon^ to give evidence in the 

above cause on behalf of the [Plaintiff or Defendant^ as the case 
may be'], and then and there to have and produce [the several 
documents hereunder specified], and all other books, papers, writings, 
and other documents relating to the said action, which niay be in 
your custody, possession, or power. In default of your attendance, 
you will be liable to a penalty of 10/. 

Dated this day of 186 . 

Registrar. 
To 
[Here insert list of documents mentioned in the application for the 

Summons,] 



17. 

Defendant's Admission. 

In the County Court of holden 

at 

In the suit of A.B. v. CD. 

I, the undersigned Defendant, admit the truth of the allegations 
in the plaint, and hereby submit to the judgment of the Court 
thereon. 

(Signed) CD., Defendant 

Signed in the presence of 

[ This paper marked (A) is the paper referred to in the annexed 
affidavit.] 

18. 
Affidavit of Signatuee to Defendants' Admission. 

No of Plaint of Equity. 

In the County Court of holden 

at 

In the suit of A.B. v. CD. 

I, of gentleman, an attorney of Her 

Majesty's Court of at Westminster, make oath and 



4S 

sav^ that I was present on the . day of 

one thousand eight hundred and sixty , and did see 

the above-named CD., the Defendant, sign the statement hereunto 
annexed^ marked with the letter A^ and that the name set to 
the said statement is in the handwriting of the Defendant^ and 
that the name set to the said statement as the witness attesting 
the same is in my handwriting. 

Sworn at in the County of 

this 
day of one thousand eight 

hundred and sixty , before me 



19. 

Defendant's Statements. 

In the County Court of holden 

at 

In the suit of A,B. v. CD. 

I the undersigned Defendant \or one of the Defendants] 
disclaim all interest under the will of the said E.F. in the plaint 
named [or as heir-at-law of, or as next of kin, or one of the next of 
kin of E.F. deceased in the said plaint named]. 

Or, 1 the undersigned Defendant state, that I admit [or deny] 
[here repeat in the language of the plaint the statements admitted 
or denied^. 

Or, I the undersigned Defendant submit that upon the facts 
stated in the plaint it does not appear that there is any agreement 
which can be legally enforced [or that it appears upon the said 
plaint that I am jointly liable with one E,F.y who is not a party 
to the suit, and not severally liable as by the plaint appears, or 
that it appears by the said plaint that G,H. should have been a 
joint Plaintiff with the said A,B, in the said suit, or as the case 
may he\ 

Or that the Plaintiff has conveyed [or assigned] his interest in 
the said mortgage [or equity of redemption] to one LJ. [or that I 
have conveyed or assigned to H.L. by way of further charge for 
securing the sum of /., the equity of redemption in 

the property sought by the suit to be foreclosed]. 

Or that since the dissolution of the partnership the Plaintiff 
has executed a deed under seal, whereby the Plaintiff covenants 
to discharge all debts and liabilities. of the partnership, and gene- 
rally to release me from all claims and liabilities either by or to 
himself and others in respect of the said partnership trading, or 
as the case may Je.] 

(Signed) CD^^ Defendant. 
Where filed hy attorney add — 

This statement was filed by 
of 
Attorney ^for the Defendant. 



44 
20. 

D£CB£TAL ObDEB. — AbMINISTBATION SuIT. 

In the County Court of holden 

at 

In the Suit of A.B. v. CD. 

Or 
In the matter of the Petition of A.B.'^ 

It is ordered that the following accounts and inquiries be 
taken and made ; that is to say^ 

In Creditor's Suit 

1. That an account be taken of what is due to the Plaintiff and 
all other the creditors of the deceased. 

In Suits by Legatees* 

An account be taken of the legacies given by the testator's will. 

In Suits by Next of Kin. 

An inquiry be made and account taken of what, or of what 
share, if any, the Plaintiff is entitled to as next of kin [or one of 
the next of kin] of the intestate. 

[After the first paragraph^ the Decretal Order will, where neces^ 
sary, order, in a creditor's suit, inquiry and accounts for legatees, 
devisees, heirs-at-law, and next of kin. In suits by claimants other 
than creditors, after the first paragraph in all cases an order to 
inquire and take an account of creditors will follow the first para- 
graph, and such of the others as may be necessary will follow, 
omitting the first formal words. The form is continued as in a 
credito7''s suit.^ 

3. An account of the funeral and testamentary expenses. 

4. An account of the personal estate of the deceased come to 
the hands of the Defendant, or to the hands of any other person 
by his order or for his use. 

6. An inquiry what part (if any) of the personal estate of the 
deceased are outstanding and undisposed of. 

6. And it is further ordered, that the Defendant do, on or before 
the day of next, pay into Court all sums of 
money which shall be found to have come to his hands, or to the 
hands of any person by his order or to his use. 

7. And that if the Registrar shall find it necessary for carrying 
out the objects of the suit to sell any part of the personal estate 
of the deceased, that the same be sold accordingly. 

8. And that Mr. be receiver in the suit 
[or proceeding], and receive and get in all outstanding debts 
and outstanding personal estate of the deceased, and pay the same 
into the hands of the Registrar, [and shall give security by bond 
for the due performance of his duties to the amount of /. ] 

9. And it is further ordered, that if the personal estate of the 
deceased be found insufficient for carrying out the objects of the 
suit, then the following further enquiries be made^ and accounts 
taken; that is to say, 



45' 

10. That an enquiry be made what real estate the deceased 
was seised of or entitled to at the time of his death. 

11. What are the incumbrances (if any) affecting the real 
estate of the deceased, or any part thereof. 

12. An account^ so far as possible, of what Is due to the several 
incumbrancers, and to include a statement of the priorities of such 
of the incumbrancers as shall consent to the sale herein-after 
directed. 

13. And that the real estate of the deceased, or so much thereof 
as shall be necessary to make up the fund in Court sufficient 
to carry out the object of the suit^ be sold, with the approbation 
of the Judge, free from incumbrances (if any) of such incum- 
brancers as shall consent to the sale, and subject to the incum- 
brances of such of them as shall not consent. 

14. And it is ordered, that shall have the 
conduct of the sale of the real estate, and shall prepare the 
conditions and contracts of sale, and the abstract of title, subject 
to the approval of the Registrar, and that in case any doubt or 
difficulty shall arise the papers shall, with the like approval, be 
submitted to , Esquire, to settle. 

15. And It is further ordered, that, for the purpose of the 
inquiries hereln-before directed, the Registrar shall advertise in 
the newspapers according to the practice of the Court, or shall 
make such Inquiries in any other way which shall appear to the 
Registrar to give the most useful publicity to such inquiries. 

16. And it is ordered, that the above Inquiries and accounts be 
made and taken, and that all other acts ordered to be done be 
completed, before the day of and 
that the Registrar do certify the result of the inquiries, and the 
accounts, and that all other acts ordered are completed, and have 
his certificate In that behalf ready for the* Inspection of the parties 
on the day of 

17. And lastly it is ordered, that this suit [or matter] stand 
adjourned for making a final decree to the day 
of 

[Suck part only of this Decretal Order is to be used as is 
applicable to the particular case,'\ 



21. 

FoBM OF Obder under Order VI. Rule 14., or under 

Order XII. 

In the County Court of » holden 

at 

In the suit of A.B. v. CD. 

It appearing to me that it will be for the benefit of the estate 
that the remaining outstanding debts be sold, I do order that the 
debts now due to the estate of E.F. the testator [or intestate] in 
the plaint in this suit mentioned be sold as soon as conveniently 



46 

may be by [the receiver] by private contract [or 

public auction] for the highest price that can be obtained for 
the same. • 
Dated this day of 

J,S., Judge. 



22. 

FoBM OP Order under Order VI. Eule 14., or under 

Order XIL 

In the County Court of , holden 

at 

In the suit of A.B. v. CD. 

It a ppearing to me that it is necessary for carrying out the 
objects of this suit that the real estate [or part of the real estate] 
of the deceased be sold, I do order that all that freehold [copyhold 
or leasehold] messuage or tenement, &c., [settinff out parcels as in 
last conveyance'] being the real [or part ot the real] estate of E.F. 
late of in the county of deceased, 

the testator [or intestate] in the plaint in the suit mentioned, 
be offered for sale by public auction at the Hotel 

at by Mr. auctioneer, and be 

then and there sold [provided the sum bid for the same be not less 
than £ or] to the highest bidder without reserve. 

Dated this day of 

t/iiS, Judge. 



23. 

Decretal Order for Keference in Foreclosure Suit 

BY Legal Mortgagee. 

In the County Court of , holden 

at 

In the suit of A.B, v. CD. 

It is ordered that it be referred to the Begistrar to take an 
account of what is due to the Plaintiff for principal and interest 
on the mortgage mentioned in the plaint (making allowance on 
one side or the other for any rents or profits received by the 
Plaintiff and for any sums of money lawfully expended by the 
Plaintiff about the mortgaged premises), and to tax the Plaintiff^s 
costs of this suit, and that the Registrar do certify to the Court 
on the day of what he shall find to be due 

for principal and interest as aforesaid, and for costs : And upon the 
Defendant paying into Court what shall be certified to be due to 
the Plaintiff for principal and interest as aforesaid, together with 
the said costs, within six months after the Registrar shall have pre*^ 



47 

sented his certificate ; it is ordered that the Plaintiff do re-convey 
the said mortgaged premises, free and clear from all encumbrances 
done by him, or any claiming by, from, or under him, and do deliver 
up to the Registrar all deeds and writings in his custody or power 
relating thereto and that upon such reconveyance being made, 
and deeds and writings being delivered up, the Registrar shall 
pay out to the Plaintiff the said sum so paid in as aforesaid, for 
principal, interest, and costs ; but in default of the Defendant 
paying into Court such principal, interest, and costs as aforesaid 
by the time aforesaid, then it is ordered that the Defendant do 
stand absolutely debarred and foreclosed of and from all equity of 
redemption of, in, and to the said premises, and the Registrar is 
to settle the conveyance if the parties differ about the same ; and 
it is further ordered, that after the expiration of the said six 
months, the Plaintiff shall be at liberty to apply to the Court for 
a final decree for the foreclosure of the said mortgage. 

[iVIfi. — Where the state of the account is ascertained at the first 
hearing 9 instead of the order of reference to the Registrar ^ begin^ 
It is declared that the sum of £ is now due to the 

Plaintiff for principal and interest on the mortgage mentioned 
in the Plaint, and it is ordered that the Registrar do tax the 
Plaintiff's costs of this suit, and that] 



24. 

Decretal Order op Sale in a Suit by a Legal or 
Equitable Mortgagee or Person entitled to a Lien. 

In the County Court of holden 

at 

In the suit o{ A.B. v. CD. 

It is ordered that it be referred to the Registrar to take an 
account of what is due to the Plaintiff for principal and interest 
on the mortgage \or equitable mortgage or lien] mentioned in the 
plaint, and to tax the PlaintifPs costs of this suit, and that the 
Registrar do certify to the Court on the day 

of what he shall find to be due for principal and 

interest as aforesaid, and for costs: And upon the Defendant 
paying into Court what shall be certified to be due to the Plaintiff 
for principal and interest as aforesaid, together with the said costs, 
within six months after the Registrar shall have presented his certi- 
ficate ; it is ordered that the Plaintiff [do re-convey the said mort- 
gaged premises free and clear from all incumbrances done by him, 
or any claiming by, from, or under him, and] do deliver up to the 
Registrar all deeds and writings in his custody or power relating 
thereto, and that upon such re-conveyance being made, and deeds 
and writings being delivered up, the Registrar shall pay out to the 
Plaintiff the said sum so paid in as aforesaid for principal, interest, 
and costs ; but in default of the Defendant paying into Court such 



48 

principal^ interest, and costs as aforesaid by the time aforesaid^ 
then it is ordered that the said mortgaged premises [or the premises 
subject to the said equitable mortgagee or lien] be sold with the 
approbation of the Registrar : And it is ordered that the money 
to arise by such sale be paid into Court, to the end that the same 
may be duly applied in payment of what shall be found due to the 
Plaintiff for principal, interest, and costs as aforesaid, and that the 
balance (if any) shall be paid to the Defendant 



25. 

Decretal Obdeb. — ^Dissolution op Pabtnershif. 

In the County Court of holden 

at 

In the suit of A.B. v. CD. 

It is declared that the partnership in the plaint mentioned 
between the Plaintiff and Defendant ought to stand dissolved as 
from the day of and it is ordered 

that the dissolution thereof as from that day be advertised in the 
London Gazette, &c. 

And it is ordered that be the receiver of the 

partnership estate and effects in this suit, and do get in all the 
outstanding book debts and claims of the partnership. 

And it is ordered that the following accounts be taken : 

1 . An account of the credits, property, and effects now belong- 
ing to the said partnership. 

2. An account of the debts and liabilities of the said partner- 
ship. 

3. An account of all dealings and transactions between the 
Plaintiff, and Defendant from the foot of the settled account 
exhibited in this suit and marked (A,) and not disturbing any 
subsequent settled accounts. 

And it is ordered that the good will of the business heretofore 
carried on by the Plaintiff and Defendant as in the plaint 
mentioned, and the stock in trade, be sold on the premises, 
and that the Registrar may, on the application of any of the 
parties, fix a reserved bidding for all or any of the lots at such 
sale, and that either of the parties are to be at liberty to bid at 
the sale. 

And it is ordered that the above accounts be taken, and all 
the other acts required to be done be completed, before the 

day of and that the [Registrar 

do certify the result of the accounts, and that all other acts are 
completed, and have his certificate in that behalf ready for the 
inspection of the parties on the day of 

And lastly it is ordered that this suit stand adjourned for 
making a final decree to the day of 



49 

26. 

Final Decree for Foreclosure. 

In the County Court of , holden 

at • 

In the suit of A»B. v. GZ>. 

Whereas it appears to the Court that the Defendant has not 
paid into Court the sum which was on the 

day of last certified by the Begistrar 

to be due to the Plaintiff for principid and interest upon the 
mortgage in the plaint mentioned, and for costs, pursuant to the 
decretal order made in this suit on the day of 

last, and that the period of six months has elapsed 
since the said day of 

It is ordered that the Defendant do stand absolutely debarred 
and foreclosed of and from all equity of redemption of, in, and 
to the said mortgaged premises. 



27. 

Partnership. 
Final ^Decree, 



In the County Court of holden 

at 

In the suit of A.B, v. CD. 

It is ordered that the fund now in Court, amounting to the sum 
of £ be applied as follows : 

1. In payment of the debts due by the partnership set forth in 
the Registrar's certificate, amounting in the whole to £ 

2. In payment of the costs of all parties in this suit, amounting 
to «£^ [ These costs must be ascertained before the decree 
is drawn up!\ 

3. In payment of the sum of £ to the Plaintiff as 
his share of the partnership assets, and of the sum of £ , 
being the residue of the said sum of £ now in court 
to the Defendant as his share of the partnership assets. 

[^Ory And that the remainder of the said sum of £ 
be paid to the said Plaintiff [or Defendant] in part payment of 
the sum of £ certified to be due to him in respect of 

the partnership accounts. 

And that the Defendant [or Plaintiff] do, on or before the 

day of pay to the Plaintiff 

\or Defendant] the sum of £ being the balance 

of the said sum of £ due to him which will then 

remain due]. 



I *. — J -.^ i 



12899. 



50 



28. 

Notice of Deoketal Order to absent Party. 

In the County Couit of 9 holden 

at 

In the suit of A,B. v. CD, 

Take notice that on the day of the 

decree of which a copy is hereunto annexed was made in tlus 
cause^ and that from the service of this notice you will be bound 
by the proceedings in the above cause in the same manner bs if 
you had been originally made a party to the suit^ and that you 
may attend the proceedings under the said decretal order, and tfaa^ 
you may apply to the Court to add to the decretal order. 

Registrar. 
To 



29. 

Notice to Creditor to prove his Claim. 

In the County Court of holden 

at 

In the suit of A,B. v. CD, 

You are hereby required to prove the claim sent in by you 
agidnst the estate of A*B. deceased^ by filing such affidavit as you 
may be advised in support thereof, and by giving notice thereof 
to me, on or. before the day of next, and by 

attending at my office on the day of 

186 , at o'clock in the noon, being the time 

appointed for adjudicating on the claim. 

Dated this day of 186 , 



To 



B^istrar. 



30. 
Notice to Creditor of Aixowaxoe of Claim. 

« 

In the County Court of holden 

at 

In the Suit of A.B. v. CD, 

The claim sent in by you against the estate of A.B,^ deceased, 
has been allowed at the sum of with interest thereon at 

per cent., per annum, from the day of 

186 , and for costs. 



51 

\Ifpart only allowed^ add^ If you claim to have a largeiitsum 
allowed, you are hereby required to prove euch further (£dm, by 
filing such affidavit as you may be advised in support thereof, and 
by giving notice thereof to me on or before the day 

of nextj and by attending at my office on the 

day of 186 , at o'clock in the noon. 

Dated this day of 186 . 

B^strar. 



31. 
Registbab's Cebtifigats. 



In the County Court of holden 

at 

In the Suit of A.B. v. CD. 

In obedience to the decretal order of this Court made in the 
above suit, I hereby certify that the result of the accounts and 
inquiries [or of the sale and apportionment] which have been 
taken and made in pursuance of the made in this 

dated the day of 186 , 

is as follows. 

The Flainti£& and Defendants have attended by themselves or 
by their respective attomies. 

Notice of Decretal Order. 

Notice of the said decretal order of the day of 

186 ^ has been served upon 

The persons so served include all the now living 

and the personal representatives of such of them as are dead, 
except such as are parties to this suit, and except 
herein-after named 

Service of notice of the said decretal order upon upon the said 

was dispensed with. 

Personal Estate Account. 

The Defendant the executor [or administrator] 

of the testator [or intestate] named in the said 

have received personal estate to the amount 
of £ and they have paid or are entitled to be allowed on 

account thereof sums to the amount of £ leaving a 

balance due from [or to] them of £ on that account. 

References to Account. 

The particulars of the above receipts and payments appear in 
the account marked A. verified by the affidavit of the said 
Defendant filed the day of 

D 2 



52 

and the account marked B. verified by the affidavit 
of filed the day of 

and which accounts are to be filed with this certificate. 

Variations from Accounts. 

Except that in addition to the sums appearing in such account 
to have been received, the said Defendant \or Plaintiff] is \or are] 
charged 'with the following sums, (that is to say,) £ 
and except that of the items of disbursement in the said account 1 
have disallowed those numbered and I have deducted 

from the item numbered the sum of £ 

and from the item numbered the sum of £ 

and in addition to the disbursements appearing in such account the 
said Defendant ha paid and been allowed the sum of £ 

Special Allowances in Accounts, 

The payments allowed to the said Defendant {or Plaintiff] in 
the said account include the sum of £ paid into Court 

to the credit of this cause, on the day of 

186 . 

Reference to Transcript of Account. 

The before-mentioned account marked A. has been altered, and 
the account marked A. B., and which is also to be filed with the 
certificate, is a transcript of the said account marked A. as altered 
and passed. 

No Personal Estate received. 

The Defendant the executor [or administrator ] 

of the testator [or intestate] named in the said have 

not, nor hath any or either of them, or any person or persons by 
their or any or either of their order, or for their or any or either 
of their use, received any part of the personal estate of the said 
testator [or intestate]. 

Funeral Expenses, 

The funeral expenses of the testator [or intestate], amounting 
to the sum of £ have been paid and are allowed the 

Defendant [or Plaintiff ] the executor [or administrator] 

of the said testator [or intestate] in the said account of personal 
estate [herein-after mentioned]. 

DebU. 

The debts of the testator [or intestate, including the Plaintifis] 
which have been allowed are set forth in the Schedule 

hereto, and, with the interest thereon, and costs mentioned in the 
said Schedule, are due to the Plaintiff and the other persons 
therein named, and amount altogether to • No other 

person has been allowed, or come in and proved, any debt against 
the estete of the said testator [or intestate], and the time fixed by 
advertisement for that purpose has expired. 

Such of the said debts as are specialty are set forth in the first 
part of the said Schedule, and amount to £ ; 



Is 





53 

such as are simple contract are set forth in the second part of 
said Schedule, and amount to £ 

Interest on Debts, 

The interest on such debts is computed down to the date of this 
Certificate, and after the rate of 4^ per centum per annum, from 
the day of 186 the date of the 

said decretal order unless otherwise specified in the said Schedule. 

Legacies and Annuities, 

The legacies given by the testator, other than annuities, are set 
forth in the first part of the Schedule hereto, and, with 

the interest therein mentioned, remain due to the persons therein 
named, and amount altogether to £ 

The annuities given by the testator, with the arrears due thereon, 
are set forth in the second part of the said Schedule. 

Such arrears amount to £ 

Interest on Legacies, 

The interest on such legacies is computed down to the date of 
this certificate, and after the rate of 4Z. per centum per annum, 
from the day of 186 , the end of 

one year after the testator's death, unless otherwise specified in the 
said Schedule. 

The arrears of the annuities are computed to the date of this 
certificate, and from the testator's death, unless otherwise specified 
in the said Schedule. 

Outstanding Estate, 

The personal estate of the said testator \or intestate] [not 
specifically bequeathed] outstanding or undisposed of consists 
of the particulars set forth in the Schedule hereto. 

Real Estate, 

The real estate which the said testator [or intestate] was 
seised of or entitled to consists of the particulars set forth in the 

Schedule hereto. 

Incumbrances on Real Estate. 

The incumbrances affecting the said testator's [or intestate's] 
real estate are specified in the Schedule hereto. 

Rents and Profits Account 

The Defendants [or Plaintiff ] the trustee named 

in the said decretal order have received rents and profits of the 
testator's real estate to the amount of £ and 

they have paid or are entitled to be allowed on account thereof 
sums to the amount of £ leaving a balance due from 

[or to] them of £ on that account. 

No Rents and Profits received, ' 

The Defendants [or Plaintiff ] the trustees named in 

the sud decretal order have not, nor hath any or either of them 



54 

or any person or persons by their or any ox either of their order^ 
or for their or any or either of their nse, received any sum or sums 
of money on account of the rents and profits of the testator's [or 
intestate's] real estate. 

Next of Kin. 

The next of kin^ according to the statutes for the distribution 
of the efiects of intestates, of the intestate named in 

the said living at the time of his death were 

of whom the said have since 

died. 

The legal personal representative of the said 

The legal personal representative of the said 

The legal personal representative of the said 

Dated this day of 

Registrar. 



32, 

Notice that Registrar's Certificate may be inspected. 

In the County Court of , faolden 

at 

In the suit of A.B. v. CD. 

Take notice that the certificate of the result of the inquiries 
made and accounts taken by me under the decretal order of this 
Court made on the day of in this cause, lies 

in my office and can be inspected by you up to and inclusive of 
the day of [here insert the day before the 

cause is to be further heard]. 

Dated this day of 



To 



Registrar. 



33. 
Bond to be given by Receiver. 

Know all men by these presents^ that we, A.B. of, &c., and CD. 
of, &c., and JS,F. of, &c., are jointly and severally held and firmly 
bound to G.H., Registrar of the County Court of 
holden at ,m£ to be paid to the said G.H., or 

his certain attorney, executors, administrators, or assigns. For 
which payment to be made we bind ourselves, and each and every 
of us, in the whole, our and each of our heirs, executors, and ad- 
ministrators, jointly and severally, firmly by these presenti. 

Sealed with our seals, and dated this day of 

one thousand eight hundred and 



lil 



55 

And vrlieireas a plfdnt in equity has been filed in this Court by 
A.B. agaJTiafc CD. for the purpose of [here insert object of suit]. 

And vrliexeas the said AB. has been appointed^ by Order of the 
abDve-men-tioned Courts to receive the rents and profits of the 
real {or freehold or copyhold or leasehold] estate [or estates] [and 
to get in -the outstanding personal estate] of (f.D.^ the testator 
in the said plaint named. 

l^omr xYxe condition of this obligation is such^ that if the above 
bounden ^,B, do and shall duly account for all and every the sum 
and snms of money which he shall so receive on account of the 
rents and profits of the real estates^ and in respect of the personal 
estate^ of the said CD. [or as may be"] at such periods as the said 
Conrt Bhall appoint, and do and shall duly pay ^e balances which 
shall from time to timp be certified to be due from him as the 
8^d Court hath directed or shall hereafter direct, then this obliga- 
tion shall be void and of none effect, otherwise shal] remain in 
SviU. force and virtue. ;: 

A.B. (l.8.) 
CD, (l.s.) 
Signed, sealed, and delivered by the above 
bounden in the presence of 

Note. — If deposit of money be made the memorandum thereof 
should follow the terms of the condition of the bondy and toill not 
require a stamp. 



34. 

Warrant of Execution on a Decree or Order of 
THE Court for the Payment of Monet. ; 

In the County Court of holden 

at 

In the suit of A,B. v. CD. 

Whereas on the day 186 this 

Court did, in the matter of this suit, decree [or order] that J.B. 
[or CD.'\ ^hould pay to CD. [or A.B.] [or should pay into 
Court] the sum of : And whereas a copy 

of such decree [or order] was duly served upon A.B. lor CD.] 
as the case may be : And whereas the said A.B. [or CD."] has 
not paid the said sum of money according to the said decree 
[or order] : These are, therefore, to require and order you forth- 
with to make and levy, by distress and sale of the goods and 
chattels of the said A.B. [or CD.], wheresoever they may be 
found within the district of this Court, (excepting the wearing 
apparel aod bedding of him or his family, and the tools and imple- 
ments of his trade, if any, to the valuQ of five pounds,) the sum 
stated at the foot of this warrant, being the amount directed to be 
paid by the said decree [or order], including the costs of this 
execution, and also to seize and take any money or bank notes 



56 

(whether of the Baak of England or of any other bank), and any 
cheques, bills of exchange, promissory notes, bonds, specialties, or 
securities for money, of A,B, [or CD.] which may there be found, 
or such part or so much thereof as may be sufficient to satisfy this 
execution, and the costs of making and executing the same, and 
to pay what you shall have so levied to the Begistrar of this 
Court, and make return of what you have done under this warrant 
immediately upon the execution thereof. 

Given under the seal of the Court, this day 

of 186 . 

By the Court, 

, Registrar. 

To the High Bailiff of the said Court, 
and others the Bailiffs thereof. 

Amount ordered to be paid - - • 
Costs ----- 

Total amount to be levied 



35. 

Warrant op Assistanck. 

In the County Court of holden 

at 

In the suit of A,B. v. CD. 

Whereas, according to the tenor and true meaning of a decree 
[or an order] bearing date the day of 

186 , made in the matter of this suit, the said Defendant CD. 
was ordered to deliver up possession to A.B, in the said order 
named of all that, 8fc, [_as in order'] : And whereas a copy of such 
decree [or order] was duly served upon the said C.2>., yet never- 
theless he the said (7.Z>., and other ill-disposed persons, his accom- 
plices, have refused to pay obedience thereto, and detain and keep 
the possession of the said house [or tenement and premises] : 
These are, therefore, to authorize and require you to forthwith enter 
into and upon the said messuage [or tenement and premises], and 
that you do remove, eject, and expel the said CD.^ his tenants, 
servants, and accomplices, each and every of them, out of and 
from the said messuage [or tenement and premises], and every 
part and parcel thereof, and that you do place and put the said 
A.B. and his assigns into the full, peaceable, and quiet possession 
thereof, and defend and keep him and his said assigns in such 
peaceable and quiet possession when and as often as any interrup- 
tion may or shall from time to time be given or offered to them or 



57 

any of them^ according to the true intent and meaning of the said 
order ; and herein 70a are not in anywise to ful. 

Griven under the seal of the Courts this day 

of 186 . 

By the Court. 

, Registrar. 
To the High Bailiff of the said Courts and 
others the Bailiffs thereof. 



36. 

Warrant of Possession. 



In the County Court of holden 

at • 

In the suit of A.B. v. C.X). 

Whereas on the day of 186 . 

this Court did in the matter of this suit, decree, \or order] that 
you, the High Bailiff of this Court, should [or that A,B. should] 
take possession of the goods and chattels of E.F, deceased, in the 
said suit mentioned, and which at the date of the said order were 
in the possession of the Defendant [and sell and convert the same 
into money or keep and hold the same to abide the further order 
of the Court, as the case may be.] 

These are therefore by virtue of the said decree [or order] and 
the statute in such case made and provided to will and require, 
authorize and empower, you and every one of you to whom this 
warrant is directed forthwith to enter into and upon the house 
and houses of the said CD, and also in all other place or places 
belonging to the said C-D. where any of the goods or chattels, 
part of the estate of the said E.F. deceased, are suspected to be ; 
and there to seize all the goods and chattels whatsoever belonging 
to the estate of the said E.F. deceased. 

And in case of resistance, or of not having the key or keys 
of any door, or lock of any premises belonging to tlie said CD., 
where any of the goods or chattels, part of the estate of the said 
E.F. are suspected to be, you shall break open or cause the same 
to be broken open, for the better execution of this warrant. 

Given under the seal of the Court this day 

of 186 . 

By the Court. 



To the High Bailiff of the said Court, 
and others the Bailiffi) thereof. 



, Registrar. 



68 

37. 

Notice of Chanqe of Attokney. 

In the County Court of hold^n 

at 

In the suit of A.B, v. CD. 

To the Begiatrar of the Court. 

Take notice that I, A.B* [or CD."] have hitherto employed as 
my attorney G.H, of in the above-mentioned cause, 

but that I have ceased to employ him^ and that my present 
attorney is LK, of 

A.B. [or CJ).] 



38. 

Obdeb oi* Kevivob. 

In the County Court of holden 

at 

In the suit of A,B. y, CD, 

Upon applipation of [here state by whom the application is made 
and the events which have happened rendering it necessary to apply\ 
I do order that this suit stand revived and be in the same plight 
and condition as the same was in at the time of the said abate- 
ment. 

Dated this day of 

J.S,^ Judge. 

39. 
Obd£B of Payment of Leqagt into Coubt of Chancebt. 

In the County Court of holden 

at 

In the suit of A,B. v. CD, Or^ In the matter of 

Whereas it has been found by this Court by its decree of the 

day of in this suit [or matter] 

that K.L, of is entitled to the sum of 

and whereas the said K,L. is an infant [or absent beyond seas,] 
and it appearing to the Court that it is desirable that, under the 
power given to it by the fifth section of the Act of Parliament 
passed in the Twenty-eighth 'tod Twenty-ninth Years of Her 
Majesty's Beign^ Chapter Ninety-nine, (7.Z>., the Defendant in 
this suit} \pr matter^ or as the case may be,'] should be ordered to 
pay such sum of money to the Accoiint$^nt General of the Court 
of Chancery, in accordance with the provisions of seotipo Thirty- 
two of An Act passed in the Session of Parliament held in the 
Thirty-sixth Year of the Reign of His Majesty Eling George the 



59 

Tbiipd, Chapter Fifty-two, it is ordered that the said [ ] 

to pay the same accordingly, and do within days 

produce to the Registrar of this Court the Certificate of the 
said Accountant General of the Payment to him of such money. 

By the Court. 

Registrar. 



[Endobsement on last Obd£b]. 

N,B. — Your attention is drawn to the following provisions of 
the Act 36 Geo. 3. c, 52. and to the Rule of this Court 

Any legacy or sum of money to which any person who is an 
infant or absent beyond seas may be found or declared entitled 
by any County Court in any suit or matter under this Act may 
be ordered by the Court to be paid to the Accountant General of 
the Court of Chancery, in accordance with the provisions of 
section Thirty ^two of An Act passed in the Session of Parliament 
held in the Thirty-sixth Year of the Reign of His Majesty King 
George the Third, Chapter Fifty-two ; and the person ordered to 
pay the same shall, within such time as the Court shall direct, 
produce to the Registrar of the Court the Certificate of the 
Accountant General of the payment of such money; and if default 
be made in such payment the Judge may direct a warrant of 
execution to issue to the High Bailiff of the Court, who by such 
warrant shall be empowered to levy or cause to be levied by 
' distress and sale of the goods and chattels of such person a sum of 
money equal in amount to the sum which he was ordered to pay 
to the said Accountant General and to the costs incurred by 
reason of such default and the sum so levied shall be paid to and 
be receivable by the said Accountant General under the direction 
of the Court. 

Rule of Court — Where default shall be made in the production 
of the certificate of the Accountant General the Registrar shall 
give notice in writing to the Judge of the fact of such default, 
and the Judge may thereupon direct a warrant of execution to 
issue in accordance with section 5. of the Act. 



40. 

Obdeb of Tbanbfeb of Suit ob Matteb to Coubt 

OF Chancebt. 

In the County Court of holden 

' at 

In the suit of A.B. v. CD,, [or matter of] 

Whereas it appearing that the subject matter of this suit 
exceeds in amount the sum of 500/. it is ordered that this suit 
\or matter] be transferred to the High Court of Chancery, together 
with the annexed certificate of the Registrar of this Court,*showing 






60 

the state of the suit [or matter] and the proceedings that have 
been had therein in this Court. 

By the Court 

Registrar. 



41. 

Genebal Heading for and Endorsement on Decretal 

Order or Decree. 

In the County Court of holden 

at on the day 

of 

Upon the hearing this day of Mr. for the Plaintiffs 

and upon the hearing of Mr. for the Defendants 

[or if some of the Defertdants do not appear^ then for the De- 
fendants CD. &c. and no one appearing for the Defendants E^ 
and F. ; it is ordered 



Endorsement. 



Take notice that unless you obey the directions contained in 
this order^ obedience thereto will be enforced in such manner as 
the law provides. 



42, 

Mem. to be placed at Foot of every Summons, Notice, 
Decree, or Order op Court, or any other Process op 
the Court. 

Hours of attendance at the office of the Registrar [place of 
office^ from ten till four, except on [here insert the day on which 
the office will be closed^y when the office will be closed at one. 



43. 

Allowance TO Witnesses. 

£ s. d. £ s. d. 
Gentlemen, merchants, bankers, and pro* 

fessional men, per diem - from 0100 to 1 

Tradesmen, Auctioneers, Accountants, 

Clerks, and feomen, per diem from 
Artisans and Journeymen, per diem from 
Labourers and the like, per diem from 

Travelling expenses, sum reasonably paid, but no more than 
Bix|)ence per mile one way. 



6 to 10 





3 to 5 





2 to 2 3 






A,— SUITS AND PROOEEDlIs'GS IN EQUITY BOOK. 

No. of Plaint or Petition f. ,' 

Date of Filing • ' 



Parties Names. 



Xatdre or Suit or Proceeding. 



r*twr| 



for Bttbstituted [or . 
other] service of 



Letter I 
flling. 



Here enter applications 

! for subpcenas, and 

filing of odmigaioDS, 



62 



Decretal Order made on Return Day of Summons or 
■ Adjournment. 



Here Bet forth the nature of the 
Decretal Order. 


Date of 
Hearing. 


Date of 
Adjonmment 









Proceedings. 



By Plaintiff. 


By Defendant. 


Letter 

on ' 
filing, j 


Date. 


Letter 

on 
filing. 


• 


1 

1 Date. 




1 

1 Here enter all ex 
I parte applica- 
tions, or other- 
wise, and whether 
made by Plain- 
tiff or Registrar, 
documents filed, 
warrants issued, 
&c. 








Here enter all 
documents filed, 
&c. 

• 


1 

1 
1 





Letter on 
filing. 



Cbktipicate. 



Date. 



Date on which it was directed to be prepared 
for CJourt - - - - . 

Application to vary by - - - 

Application refused \_or eranted] 

Date on which it was med as confirmed {_or as 
yaried] .» .. . - 




63 



Letter 

on 
filing. 


Final Dxorbe. 


Date 

of 

making. 




Here set forth shortly the particulars of the decree, such 
as the acta to be done, or sums to be pud, &c. 




Letter 

on 
filing. 


Appbal. 


Date. 




Here enter proceedings had. 


• 


Letter 

on 
filing. 


Costs Taxed, 


£ s, d. 


Date. 

r - 




Plaintiffs' Bill ; 

Defendants' Bill; 
state out of what fund to be paid, &c. 

• 







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12899. 



E 



LONDON: 

Printed by George Edwaiid £yb£ and William Sfottiswoode, 

Printers to the Queen's most Excellent Majesty.